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2. Legislative context - The Transport (Scotland) Act 2005
1. Section 41 of the Transport (Scotland) Act 2005 states that the Scottish Ministers shall, by order, establish a body corporate to be known as the Public Transport Users' Committee for Scotland.
2. The Transport (Scotland) Act 2005 provides the Scottish Ministers with flexibility to determine the constitution and membership of the PTUC.
3. The PTUC may consider and make recommendations to Scottish Ministers about any matter relating to public transport services in, from or to Scotland and it shall consider and make recommendations about any other matter if asked to do so by Scottish Ministers.
4. Additionally, Scottish Ministers may confer further functions and make changes to any function of the Committee relating to public transport services or facilities; remove functions from the Committee and transfer any function of the Committee to another person (including the Scottish Ministers).
5. The Committee shall have regard to any written guidance issued to it by the Scottish Ministers and comply with any written direction given to it by them, as to how it is to discharge its functions.
6. The Act defines public transport services as all those services (including ferry services used also for carrying freight) on which members of the public rely for getting from place to place when not relying on facilities of their own but does not include:
- services provided under permits under section 19 of the Transport Act 1985 9c67) (permits in relation to use of buses by educational and other bodies) other than services provided wholly or mainly to meet the needs of members of the public who are elderly or disabled;
- excursions or tours.
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