Isn't it only Nexus contracts that specify capacity using the maximum including standing? It does seem strange practice.
Do Nexus contracts have a maximum age for buses? Age isn't a perfect indicator of the quality of the bus, but it is a simple start. Things like this will need to be got right in the process for awarding franchising contracts.
Of course, sadly, in recent years nearly all operators in the north east have had (or still have) maddening episodes of non-trivial lost mileage due to "no serviceable bus" or "no driver" - far more important for passengers than the details of the bus.
RE: Electric Buses/new orders