48Variation of contractually operated regular passenger services

48 Variation of contractually operated regular passenger services

(1)  This section applies if the Secretary is satisfied that –

(a) the operation of a contractual regular passenger service needs to be varied, whether as to the route, the frequency or reliability of service, passenger stops, the vehicles used or in other material respects; and

(b) the necessary operational variations are, or might be, capable of being implemented under one or more existing passenger service contracts.

(2)  The Secretary may invite the relevant service operator or, if applicable, each relevant service operator to submit –

(a) an offer to operate the service to a standard that is consistent with the necessary operational variations; or

(b) an expression of interest in operating the service to a standard that is consistent with the necessary operational variations.

(3)  Where, pursuant to subsection (2) , one or more offers or expressions of interest are submitted, the Secretary may –

(a) select the most satisfactory offer or expression of interest by reference to criteria developed by the Secretary for the purpose, either generally or in the instant case; and

(b) as the circumstances require, negotiate and execute a variation to an existing passenger service contract or enter into a new passenger service contract.

(4)  Where, pursuant to subsection (2) , no offer or expression of interest is submitted, or no offer or expression of interest is satisfactory to the Secretary, the Secretary may proceed under section 46 or, if changing circumstances so require, section 44 .

(5)  In this section –

contractual regular passenger service means a regular passenger service being operated under a passenger service contract or with any form of government subsidy;

criteria means criteria that take into account the service development plans of relevant service operators.