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The Public Service Obligations in Transport Regulations 2023

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Public Service Obligations in Transport Regulations 2023 No. 1369

  1. Introductory Text

  2. PART 1 Introductory provisions

    1. 1.Citation, commencement and extent

    2. 2.Interpretation

    3. 3.Scope

    4. 4.Objectives

  3. PART 2 Content of public service contracts

    1. 5.Interpretation of Part 2

    2. 6.Public service obligations

    3. 7.Public service contracts and general rules

    4. 8.Subcontracting

    5. 9.Duration of public service contracts

    6. 10.Public service compensation for directly awarded contracts

    7. 11.Rail rolling stock

  4. PART 3 Award and modification of public service contracts

    1. 12.Application and exclusions

    2. 13.Provision of passenger transport services by a competent local authority

    3. 14.Award of contracts under competitive procedure

    4. 15.Direct award of passenger services contracts under the de minimis exception

    5. 16.Emergency measures

    6. 17.General direct award provision for rail

    7. 18.Direct award of rail contracts in exceptional circumstances

    8. 19.Direct award of rail contracts due to structural and geographical characteristics

    9. 20.Direct award of rail contracts when the operator manages the entire or major part of the railway infrastructure

    10. 21.Modifying a public service contract

  5. PART 4 Publication requirements

    1. 22.Pre-award publication

    2. 23.Post-award publication and right to request reasons for direct award

  6. PART 5 Enforcement

    1. 24.Actions in respect of a failure to comply with these Regulations

    2. 25.Recovery orders

    3. 26.Pre-action information requests

  7. PART 6 Miscellaneous

    1. 27.Certain pre-existing contracts

    2. 28.Consequential amendments, revocations, savings and supplementary provision

  8. Signature

    1. SCHEDULE 1

      Permitted modifications

      1. 1.Provided for in the public service contract

      2. 2.Emergency

      3. 3.Unforeseeable consequences

      4. 4.Materialisation of a known risk

      5. 5.In paragraph 4, a “known risk” means a risk that—...

      6. 6.In considering whether awarding a new public service contract would...

      7. 7.Additional services

      8. 8.Transfer on corporate restructuring

    2. SCHEDULE 2

      Information to be published about a public service contract or general rule

    3. SCHEDULE 3

      Consequential amendments and revocations

      1. PART 1 Consequential amendments

        1. CHAPTER 1 Primary legislation

          1. 1.Amendment of the Railways Act 1993

          2. 2.Amendment of the Government of Wales Act 2006

          3. 3.Amendment of the Subsidy Control Act 2022

        2. CHAPTER 2 Secondary legislation

          1. 4.Amendment of the Cleaner Road Transport Vehicles (Scotland) Regulations 2010

          2. 5.Amendment of the Cleaner Road Transport Vehicles Regulations 2011

          3. 6.Amendment of the Concession Contracts (Scotland) Regulations 2016

          4. 7.Amendment of the Railways (Access, Management and Licensing of Railways Undertakings) Regulations 2016

        3. CHAPTER 3 Retained EU law

          1. 8.Amendment of Commission Implementing Regulation (EU) 2018/1795

      2. PART 2 Revocations

        1. 9.Revocations

  10. Explanatory Note

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