The Public Service Vehicles (Registration of Local Services in Enhanced Partnership Areas) (England) Regulations 2019

Slot allocation contracts: further provision

17.—(1) If a local transport authority issues an invitation to tender under regulation 14, it must within the period of two working days beginning with the day on which it issues the invitation notify a traffic commissioner.

(2) A notification under paragraph (1) must state—

(a) the decision or decisions to cancel services which has or have required the local transport authority to issue an invitation for tenders and what that or those decision or decisions is or are;

(b) the date on which the cancellation of a service is to take effect;

(c) the route or operation requirements that the person awarded the slot allocation contract will be required to implement;

(d) the date on which the invitation to tender was issued;

(e) the intended expiry date of the slot allocation contract.

(3) A notification under paragraph (1) must be published in such a manner as the local transport authority sees fit.

(4) Where an application to vary, or register, the prescribed particulars of a service which would (or would as varied) be subject to any of the route requirements stated in a notification under paragraph (1) is received by a traffic commissioner or local transport authority (as the case may be)—

(a) after the invitation to tender was issued under regulation 14(1); but

(b) before the date specified in paragraph (2)(b),

and the operator who made the application is not awarded a slot allocation contract in relation to that application, that service must be cancelled with effect from the date specified in paragraph (2)(b).

(5) Where a traffic commissioner or a local transport authority receives an application to which paragraph (4) applies from an operator, it must notify the operator within the period of five working days beginning with the day on which it receives the application—

(a) that the application relates to a service which is subject to a route requirement and which is subject to an invitation for tenders for a slot allocation contract; and

(b) the date on which the service to be registered, or the registration of which is to be varied, is to be cancelled.

(6) Where an operator receives a notification under paragraph (5), it must notify a traffic commissioner within the period of two working days beginning with the day on which that notification was given, whether, even though it is aware the service to be registered or the registration of which is to be varied will be imminently cancelled, nonetheless it wishes the application for registration or variation to be considered.

(7) Where a traffic commissioner does not receive a notification within the period specified paragraph (6), a traffic commissioner is to treat the application as withdrawn.

(8) Where the cancellation of a service is postponed under regulation 10(11) or (15) or 11(10) or (14) a traffic commissioner must notify the operator who made the application mentioned in paragraph (4) within the period of two working days beginning with the day on which the cancellation is postponed—

(a) that the application relates to a service which is subject to a route requirement, and which is subject to tendering for a slot allocation contract;

(b) that the cancellation of the service to be registered or varied has been postponed; and

(c) the date to which the cancellation has been postponed.

(9) Where an operator receives a notification under paragraph (8), it must notify a traffic commissioner within the period of two working days beginning with the day on which that notification is given, whether, nonetheless, it wishes the application for registration or variation to be considered.

(10) Where a traffic commissioner does not receive a notification within the time period specified in paragraph (9), a traffic commissioner is to treat the application as withdrawn.

(11) An application to register or vary the prescribed particulars of a service which would, or would as varied, be subject to any of the route requirements stated in a notification under paragraph (1) must be refused where it is made when the slot allocation contract is in force.