Transport (Scotland) Act 2001

[F113AFranchising frameworks and franchise agreementsS
This section has no associated Explanatory Notes

(1)A local transport authority may make a franchising framework covering the whole or any part of their area.

(2)To make a franchising framework a local transport authority must comply with the process set out in section 13C (and the requirements of the sections listed in that section).

(3)A franchising framework is a framework under which—

(a)local services (other than those exempted from the framework by virtue of section 13D(2)) may be provided in the area to which the framework relates only under a franchise agreement, and

(b)the local transport authority determine—

(i)what local services are to be provided in the area to which the framework relates,

(ii)the standards to which the services are to be provided, and

(iii)any additional facilities or services that are to be provided in the area to which the framework relates.

(4)In this Part, “franchise agreement”, in relation to a franchising framework, means an agreement under which—

(a)the local transport authority grant to another person the exclusive right to operate the local services to which the agreement relates, and

(b)that person undertakes to provide those services on such terms (including in particular as to frequency, fares and standard of services) as may be specified in the agreement.

(5)A franchise agreement may (but need not) include provision for—

(a)the making of payments by the local transport authority to the person undertaking to provide the local service, or

(b)the making of payments by the person undertaking to provide the service to the authority.

(6)A franchise agreement may include provision requiring one or more of the parties to provide additional facilities or services.

(7)Section 88(1) of the 1985 Act (application to subsidy agreements of section 89 to 92 of that Act) does not apply in relation to franchise agreements.]

Textual Amendments

F1Pt. 2 Ch. 2 substituted for ss. 13-27 and cross-heading (4.12.2023) by Transport (Scotland) Act 2019 (asp 17), ss. 38(2), 130(2) (with s. 126); S.S.I. 2023/250, sch.

Modifications etc. (not altering text)