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Part 2S Bus services

[F1CHAPTER 2]S[F1Local services franchises]

Textual Amendments

F1Pt. 2 Ch. 2 substituted for ss. 13-27 and cross-heading (4.12.2023) by Transport (Scotland) Act 2019 (asp 17), ss. 38(2), 130(2) (with s. 126); S.S.I. 2023/250, sch.

[F1Entering into franchise agreements]S

[F113LEntering into franchise agreementsS

(1)This section applies where—

(a)a local transport authority have made a franchising framework, and

(b)that framework has not expired under section 13Q or otherwise ceased to have effect.

(2)The local transport authority may enter into franchise agreements in respect of local services to be provided under the framework.

(3)A local transport authority may enter into a franchise agreement with a person only if that person holds—

(a)an unconditional PSV operator's licence, or

(b)a community bus permit.

(4)Not later than 14 days after the date on which a local transport authority enter into a franchise agreement, the local transport authority must—

(a)give notice of their having made the agreement to—

(i)all operators of local services who are, in the opinion of the authority, likely to be affected by the agreement, and

(ii)the traffic commissioner, and

(b)publish the notice in such manner as the local transport authority consider appropriate for bringing the notice to the attention of persons in the area to which the franchising framework relates.

(5)A notice under subsection (4) must state—

(a)the local services to be provided under the franchise agreement,

(b)the date or dates on which the franchising framework is, in so far as it relates to the local services to be provided under the franchise agreement, to come into operation, and

(c)the duration of the franchise agreement.

(6)For the purpose of subsection (3)(a), “unconditional”, in relation to a PSV operator's licence, means a licence which does not have attached to it a condition imposed under section 26 of the 1985 Act prohibiting or having the effect of prohibiting the holder from using vehicles under the licence to provide the service or services to which the franchising agreement in question relates.]