[F14ARailways Board’s road passenger transport services.U.K.
(1)Subject to this section, the Railways Board shall have power to secure the provision by other persons of services for the carriage of passengers by road where a railway service has been temporarily interrupted, or has been discontinued.
(2)The route (and stopping places) of any such service provided where a railway service has been discontinued need not correspond precisely with the route of the discontinued service (even where it is practicable to do so), so long as the service so provided broadly corresponds with the discontinued service, in terms of the localities it serves.
(3)Subsection (2) above is not to be taken as prejudicing the power of the Board under subsection (1) above to secure the provision of a service which deviates in any respect from the route of a railway service which has been interrupted or discontinued where it is not practicable for a service by road to correspond precisely to the railway service in question.
(4)Before entering into any agreement in pursuance of subsection (1) above for the provision by any other person of a service for the carriage of passengers by road in a case where a railway service has been discontinued, the Board shall invite other persons to submit tenders to provide that service for such period and on such basis as may be specified in the invitation to tender.
(5)Subsection (4) above shall not apply in relation to an agreement for the provision of such a service on a temporary basis in a case where a service for the carriage of passengers by road provided under an agreement entered into by the Board in pursuance of subsection (1) above has been temporarily interrupted.
(6)Nothing in subsection (4) above shall be read as requiring the Board to accept any tender submitted in response to an invitation to tender issued under that subsection.
(7)The Railways Board may not under this section secure the provision by any person of a service for the carriage of passengers by road provided otherwise than by means of public service vehicles or licensed taxis.
(8)The Railways Board may not themselves directly provide services for the carriage of passengers by road.
(9)In this section—
(a)“licensed taxi” means—
(i)in England and Wales, a vehicle licensed under section 37 of the Town Police Clauses Act M11847 or section 6 of the Metropolitan Public Carriage Act M21869 or under any similar enactment; and
(ii)in Scotland, a taxi licensed under section 10 of the Civic Government (Scotland) Act M31982; and
(b)“stopping place” means a point at which passengers are taken up or set down in the course of the service in question.]
Textual Amendments
F1S. 4A inserted by Transport Act 1985 (c. 67, SIF 126), s. 118(1)
Modifications etc. (not altering text)
C1S. 4A: functions of the Board transferred (E.W.S.) (1.4.1994) to the Franchising Director by 1993 c. 43, s. 47(1)(a); S.I. 1994/571, art. 5.
C2S. 4A(2) modified by Transport Act 1985 (c. 67, SIF 126), s. 119(2);
S. 4A modified (E.W.S.) (1.4.1994) by 1993 c. 43, ss. 47(2), 152(2), Sch. 13 para. 3(2); S.I. 1994/571, art. 5.
Marginal Citations
M21869 c.115 (107:1).