The Public Service Obligations in Transport Regulations 2023

Pre-action information requests

26.—(1) An interested party may make a request to a competent authority for information about its decision to enter into a public service contract or make a general rule.

(2) A request under paragraph (1)—

(a) must be made in writing before the end of the period of one month beginning with the publication date for the contract or rule to which the request relates, and

(b) must state that it is being made only for the purpose of deciding whether to bring proceedings before a court on the ground that the decision to enter into the contract or make the rule did not comply with these Regulations.

(3) Where a competent authority receives a request under paragraph (1), the authority must provide such information as would enable, or assist in, the making of a determination as to whether the decision complied with these Regulations.

(4) The information must be provided by the competent authority—

(a) in writing, and

(b) within 28 days of receiving the request for information.

(5) In providing information, a competent authority may impose such restrictions as it considers proportionate in order to protect—

(a) commercially sensitive information;

(b) confidential information;

(c) information subject to legal privilege;

(d) information the disclosure of which would be contrary to the public interest.

(6) Information provided in response to a request made under this section may be used only—

(a) for the purpose for which it was requested, and

(b) in accordance with any restrictions imposed by the competent authority under paragraph (5).