QLDIn ForceAct
Transport Operations (Passenger Transport) Act 1994
sec.56Entitlement of existing operators
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### sec.56 Entitlement of existing operators
This section applies if—
the chief executive proposes to enter into a service contract (a new contract ) under section 38B for an area or route declared under section 42 ; and
there is an operator (an existing operator ) who already provides a general route service of the same kind for part or all of the area or route as the service that is to be provided under the new contract; and
there is no holder of an existing service contract who must be invited to offer for the contract under section 62 (1A) .
The existing operator is entitled to the first opportunity, exercised in the way set out in section 57 , to offer for the new contract.
This section does not apply to—
a service contract holder operating under a service contract for the area or route—
that states that section 62 does not apply to it; or
if the chief executive has—
issued a notice under section 46 (9) or 62A to the holder; or
issued a notice to the holder suspending or cancelling the holder’s service contract under section 47 (1) ; or
received notice from the holder that the holder intends to surrender the holder’s service contract; or
a person providing a service, of the kind that is required to be provided under the service contract, under a written agreement with the holder.
s 56 sub 1997 No. 66 s 78
amd 2000 No. 6 s 58 ; 2004 No. 9 s 10 sch ; 2008 No. 32 s 80
(sec.56-ssec.1) This section applies if— the chief executive proposes to enter into a service contract (a new contract ) under section 38B for an area or route declared under section 42 ; and there is an operator (an existing operator ) who already provides a general route service of the same kind for part or all of the area or route as the service that is to be provided under the new contract; and there is no holder of an existing service contract who must be invited to offer for the contract under section 62 (1A) .
(sec.56-ssec.2) The existing operator is entitled to the first opportunity, exercised in the way set out in section 57 , to offer for the new contract.
(sec.56-ssec.3) This section does not apply to— a service contract holder operating under a service contract for the area or route— that states that section 62 does not apply to it; or if the chief executive has— issued a notice under section 46 (9) or 62A to the holder; or issued a notice to the holder suspending or cancelling the holder’s service contract under section 47 (1) ; or received notice from the holder that the holder intends to surrender the holder’s service contract; or a person providing a service, of the kind that is required to be provided under the service contract, under a written agreement with the holder.
- (a) the chief executive proposes to enter into a service contract (a new contract ) under section 38B for an area or route declared under section 42 ; and
- (b) there is an operator (an existing operator ) who already provides a general route service of the same kind for part or all of the area or route as the service that is to be provided under the new contract; and
- (c) there is no holder of an existing service contract who must be invited to offer for the contract under section 62 (1A) .
- (a) a service contract holder operating under a service contract for the area or route— (i) that states that section 62 does not apply to it; or (ii) if the chief executive has— (A) issued a notice under section 46 (9) or 62A to the holder; or (B) issued a notice to the holder suspending or cancelling the holder’s service contract under section 47 (1) ; or (C) received notice from the holder that the holder intends to surrender the holder’s service contract; or
- (i) that states that section 62 does not apply to it; or
- (ii) if the chief executive has— (A) issued a notice under section 46 (9) or 62A to the holder; or (B) issued a notice to the holder suspending or cancelling the holder’s service contract under section 47 (1) ; or (C) received notice from the holder that the holder intends to surrender the holder’s service contract; or
- (A) issued a notice under section 46 (9) or 62A to the holder; or
- (B) issued a notice to the holder suspending or cancelling the holder’s service contract under section 47 (1) ; or
- (C) received notice from the holder that the holder intends to surrender the holder’s service contract; or
- (b) a person providing a service, of the kind that is required to be provided under the service contract, under a written agreement with the holder.
- (i) that states that section 62 does not apply to it; or
- (ii) if the chief executive has— (A) issued a notice under section 46 (9) or 62A to the holder; or (B) issued a notice to the holder suspending or cancelling the holder’s service contract under section 47 (1) ; or (C) received notice from the holder that the holder intends to surrender the holder’s service contract; or
- (A) issued a notice under section 46 (9) or 62A to the holder; or
- (B) issued a notice to the holder suspending or cancelling the holder’s service contract under section 47 (1) ; or
- (C) received notice from the holder that the holder intends to surrender the holder’s service contract; or
- (A) issued a notice under section 46 (9) or 62A to the holder; or
- (B) issued a notice to the holder suspending or cancelling the holder’s service contract under section 47 (1) ; or
- (C) received notice from the holder that the holder intends to surrender the holder’s service contract; or