sec.56Entitlement of existing operators

### 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