One of the key measures implemented by government in the Bus Services Act 2025 (BSA 2025) is a requirement on the part of local authorities with transport functions and with enhanced partnership arrangements in place to develop a Socially Necessary Local Services (SNLS) list. There is a new statutory duty to develop and maintain the SNLS list and, in managing its effectiveness, work with operators within the Enhance Partnership to identify at an early stage local bus services that could be at risk and what mitigations may be put in place to support communities that would be affected by a cancellation of that service or a substantial curtailment of the hours or days of operation.
Here is a brief summary of the implications for Authorities affected by this new duty:
LTAs that have Enhanced Partnerships must establish an SNLS list within their Enhanced Partnership Plan and any schemes in force, the aim being to ensure early engagement with Operators on potential service cancellations or significant changes. The duty aims to protect essential bus services for public benefit without necessarily requiring funding provision on the part of the Authority.
Authorities should develop locally tailored criteria to identify socially necessary services based on factors like access to employment, education, healthcare, retail and leisure facilities. The Department for Transport (DfT) provides guidance and recommends objective evidence and scorecards to support decision-making.
Authorities are expected to gather reliable data from Operators, under confidentiality agreements if needed and should take into account demand, social inclusion, strategic importance, engaging in public consultation in the process.
The SNLS list must be incorporated into the Enhanced Partnership Plan (EPP) as a measure to be performed by the Authority. Each existing Enhanced Partnership Scheme in effect should also be amended to include requirements that Operators engage at an early stage with the Authority - raising the issue of any local service that is on the SNLS list and which may be at risk of cancellation or of a material change in operational arrangements. Non-compliance by operators can lead to Traffic Commissioner intervention against the Operator.
Operators will be expected to provide up to 12 months' notice of the possibility of cancellations or material variations of SNLS list services, triggering a review and mitigation process working with the LTA and possibly other Operators. If no mitigation is agreed or if mitigations fall short of maintain a status quo, Operators may proceed with changes.
Authorities must complete the SNLS list development, consultations and variations to the Enhanced Partnership Plan and Enhanced Partnership Schemes by March 31, 2027. In developing and finalising the required variations the Authority must follow the procedure provided for in the Transport Act 2000 to implement any variation required to the Plan and Scheme - also ensuring appropriate internal authorisations.
The SNLS regime does not impose a duty upon the Authority to fund services or establish new or require variations to other existing routes but ensures early management of essential service changes. Authorities will be expected to regularly review the list – this to involve the Enhanced Partnership Board that will have been established with Operators to manage matters generally within the Enhanced Partnership.
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The content of this page is a summary of the law in force at the date of publication and is not exhaustive, nor does it contain definitive advice. Specialist legal advice should be sought in relation to any queries that may arise.
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