TRANSPORT OPERATIONS (PASSENGER TRANSPORT) ACT 1994 - SECT 62AAG Service contract for amended service contract area or route

TRANSPORT OPERATIONS (PASSENGER TRANSPORT) ACT 1994 - SECT 62AAG

62AAG Service contract for amended service contract area or route

(1) This section applies if—

(a) under section 42B , a service contract area or route is amended (the
"amended service area or route" ); and

(b) the chief executive proposes to provide a general route service (the
"amended service" ) for the amended service area or route, under an integrated mass transit service contract.

(2) The chief executive may—

(a) invite an affected operator, by written notice, to offer, by the prescribed day, to provide the amended service (an
"operator invitation" ); or

(b) invite any or all holders of integrated mass transit service contracts, by written notice, to offer, by the prescribed day, to provide the amended service (a
"holder invitation" ); or

(c) invite the public, by public notice, to offer to provide the amended service (a
"public invitation" ).

(3) If the chief executive makes an operator invitation and either—

(a) an affected operator makes no offer, or if there is more than 1 affected operator, no affected operator makes an offer, by the prescribed day; or

(b) if 1 or more offers are made, the chief executive decides no offer made is acceptable under section 62AAE ;

the chief executive may make a holder invitation or a public invitation.

(4) If the chief executive makes a holder invitation and no holder of an integrated mass transit service contract—

(a) makes an offer by the prescribed day; or

(b) makes an offer that the chief executive decides is acceptable under section 62AAE ;

the chief executive may make a public invitation.

(5) However, if—

(a) an offer is made in response to an operator invitation or a holder invitation by the prescribed day; and

(b) the chief executive considers the offer substantially complies with the requirements of an offer that would be acceptable under section 62AAE ;

the chief executive may defer the making of a public invitation to allow an opportunity for a service contract to be concluded with the offerer.

(6) In this section—


"affected operator" means—

(a) the holder of an integrated mass transit service contract providing a general route service of the specified kind within the area or route incorporated into the amended service area or route under the amendment under section 42B (the
"incorporated area" ); or

(b) any other operator providing a general route service of that kind within the incorporated area; or

(c) each holder of a service contract for the service contract area or route whose interests are materially affected by the amendment.

"specified kind" means the kind of general route service specified under the declaration under section 42 for the service.