Part II Local transport
F1Bus services: franchising schemes
123OInterim services and replacement services
(1)
This section applies if—
(a)
a franchising authority or authorities have entered into a local service contract with another person (“the operator”) about providing a local service (“the original service”) for a period, and
(b)
the operator fails to provide the original service or ceases to provide the original service before the end of the period.
(2)
The authority, or any one of the authorities, may provide a local service (an “interim service”) in the place of the original service or a part of it.
(3)
Subsection (2) has effect notwithstanding any prohibition, restriction or limitation on the power of the authority to provide local services contained in any other enactment, apart from the restriction in section 22 of the Bus Services Act 2017.
(4)
A franchising authority providing an interim service must have a PSV operator's licence to which no condition is attached under section 26 of the Transport Act 1985 (power of traffic commissioner to attach conditions to licence) prohibiting the authority from using vehicles under the licence to provide services of that description.
(5)
A franchising authority may not provide an interim service after the end of the period of six months beginning with the day on which the authority begins to provide the service, subject to subsection (7).
(6)
If—
(a)
an interim service is provided, and
(b)
the authority or authorities decide to enter into a local service contract with another person for the provision of a local service (a “replacement service”) that would replace the original service or a part of it,
section 123K(4) does not apply in relation to the provision of the replacement service.
(7)
If the authority or authorities enter into a local service contract for the provision of a replacement service, the authority or the authority providing the interim service may continue to provide it until the replacement service begins to be provided.
(8)
An interim service or replacement service need not be identical to the original service, or the part of the original service, that is replaced by the interim service or the replacement service (and such a change is not to be regarded as a variation of the scheme for the purposes of section 123M).
(9)
In this section “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978).