26ZANo adequate tender for franchise received

1

This section applies in the case of an invitation to tender under section 26 for the provision of services if—

a

the appropriate franchising authority receives no tender in response to the invitation; or

b

it receives a tender but considers that the services would be provided more economically and efficiently if they were provided otherwise than under a franchise agreement entered into in response to the tender.

2

The appropriate franchising authority may —

a

issue a new invitation to tender under section 26 for the provision of the services;

b

decide to secure the provision of the services under a franchise agreement with a person who did not submit a tender; or

c

decide not to seek to secure the provision of the services under a franchise agreement.

3

Nothing in this section prevents the appropriate franchising authority, where it has decided not to seek to secure the provision of services under a franchise agreement, from subsequently making a decision to issue a new invitation to tender for the provision of those services.