England Bus Franchising: Approved Persons Regulations 2026 Set Criteria

• The Bus Franchising Assessment (Approved Persons) (England) Regulations 2026 define who qualifies as an "approved person" for bus franchising assessments.
• These regulations are crucial for the purposes of section 123D and paragraph 4(7) of Schedule 9A to the Transport Act 2000.
• An independent approved person must prepare a report assessing a proposed bus franchising scheme before authorities can proceed with it.
• Similarly, an independent approved person must assess any proposed variation of a franchising scheme before authorities can implement the change.
• Franchising authorities in England are legally prevented from advancing schemes or variations without these mandatory reports from qualified independent approved persons.

Lawyers advising transport authorities or bus operators in England must be acutely aware of these regulations to identify qualified 'approved persons' for preparing mandatory assessment reports on proposed or varied bus franchising schemes, ensuring procedural compliance under the Transport Act 2000.

The landscape for bus franchising in England is set to evolve with the introduction of The Bus Franchising Assessment (Approved Persons) (England) Regulations 2026. These new regulations establish crucial criteria for individuals or entities designated as an "approved person," a role central to the assessment process for bus franchising schemes. Their primary function is to delineate precisely which types of persons are deemed qualified to undertake the independent evaluations mandated by existing transport legislation. This development directly impacts how franchising authorities across England will approach the development and implementation of new bus networks.

The core purpose of these 2026 regulations is to provide clarity and structure regarding the expertise required for these critical assessments. By specifying the characteristics of an "approved person," the legislation aims to ensure that all mandatory reports on proposed or varied bus franchising schemes are conducted by suitably qualified and independent parties. This move underscores a commitment to robust oversight and due diligence within the bus sector, particularly as authorities consider significant changes to public transport provisions. The regulations are a foundational piece of approved persons transport legislation designed to underpin the integrity of the franchising process.

The requirement for an independent "approved person" to prepare assessment reports is firmly rooted in the Transport Act 2000. Specifically, section 123D of this pivotal Act stipulates that before any franchising authority or group of authorities can advance with a proposed franchising scheme, an independent approved person must first produce a comprehensive report evaluating that scheme. This provision ensures that a thorough, impartial review precedes any formal commitment or progression towards implementation, acting as a vital safeguard in the decision-making process.

Furthermore, the scope of this requirement extends beyond entirely new schemes. Paragraph 4 of Schedule 9A to the Transport Act 2000 mandates a similar independent assessment for any proposed variation to an existing franchising scheme. Just as with new proposals, a franchising authority or authorities cannot proceed with such a variation until an independent approved person has prepared and submitted a report on its assessment. This dual application highlights the legislative intent to ensure rigorous scrutiny at both the initial establishment and subsequent modification stages of bus franchising arrangements. The independence of the assessor is paramount in both scenarios, guaranteeing an unbiased evaluation.

For transport authorities and bus operators navigating the complexities of bus franchising in England, understanding these new regulations is paramount for maintaining procedural compliance. The Bus Franchising Assessment (Approved Persons) (England) Regulations 2026 directly inform the identification and engagement of the necessary independent experts. Without a report from an appropriately qualified "approved person," as defined by these regulations, authorities are legally barred from moving forward with either a new bus franchising scheme or any significant alteration to an existing one. This makes the selection of the correct approved person a critical early step in the franchising timeline.

The implications extend to legal advisors who counsel these entities. Lawyers advising transport authorities or bus operators in England must be acutely aware of these regulations to identify qualified 'approved persons' for preparing mandatory assessment reports on proposed or varied bus franchising schemes, ensuring procedural compliance under the Transport Act 2000. This ensures that all procedural steps are correctly followed, mitigating potential legal challenges or delays. The regulations reinforce the structured approach to public transport governance, emphasizing accountability and expert evaluation as cornerstones of effective bus network management across England.

Lawyers advising transport authorities or bus operators in England must be aware of these regulations to identify qualified 'approved persons' for preparing mandatory assessment reports on proposed or varied bus franchising schemes, ensuring procedural compliance under the Transport Act 2000.

Source: Original reporting via UK government regulations