sec.61Compensation

### sec.61 Compensation This section applies if— an existing operator is not awarded a service contract for the service contract area or route, or part of the service contract area or route, for which the operator was providing services; or a decision is made under section 60 , and an existing service contract holder— does not offer to provide the service for the amended service contract area or route; or is not awarded a service contract to provide the service for the amended service contract area or route. The chief executive may require the holder of the new or amended service contract, as a condition of it, to pay compensation to the existing operator or service contract holder. If offers for the new service contract were invited from the public, the chief executive may act under subsection (1A) only if the invitation stated that this section applied to the contract. The amount of compensation is to be decided by agreement between the holder of the new or amended service contract and the existing operator or service contract holder or, if there is no agreement, by an arbitrator appointed by the parties. Without limiting the matters an arbitrator may or may not take into account, a regulation may make provision about matters to be considered, or not considered, in deciding the amount of compensation. The Commercial Arbitration Act 2013 applies to the arbitration. s 61 amd 1997 No. 66 s 83 ; 2004 No. 9 s 10 sch ; 2008 No. 32 s 84 ; 2013 No. 8 s 43 sch 1 pt 2 (sec.61-ssec.1) This section applies if— an existing operator is not awarded a service contract for the service contract area or route, or part of the service contract area or route, for which the operator was providing services; or a decision is made under section 60 , and an existing service contract holder— does not offer to provide the service for the amended service contract area or route; or is not awarded a service contract to provide the service for the amended service contract area or route. (sec.61-ssec.1A) The chief executive may require the holder of the new or amended service contract, as a condition of it, to pay compensation to the existing operator or service contract holder. (sec.61-ssec.2) If offers for the new service contract were invited from the public, the chief executive may act under subsection (1A) only if the invitation stated that this section applied to the contract. (sec.61-ssec.3) The amount of compensation is to be decided by agreement between the holder of the new or amended service contract and the existing operator or service contract holder or, if there is no agreement, by an arbitrator appointed by the parties. (sec.61-ssec.4) Without limiting the matters an arbitrator may or may not take into account, a regulation may make provision about matters to be considered, or not considered, in deciding the amount of compensation. (sec.61-ssec.5) The Commercial Arbitration Act 2013 applies to the arbitration. - (a) an existing operator is not awarded a service contract for the service contract area or route, or part of the service contract area or route, for which the operator was providing services; or - (b) a decision is made under section 60 , and an existing service contract holder— (i) does not offer to provide the service for the amended service contract area or route; or (ii) is not awarded a service contract to provide the service for the amended service contract area or route. - (i) does not offer to provide the service for the amended service contract area or route; or - (ii) is not awarded a service contract to provide the service for the amended service contract area or route. - (i) does not offer to provide the service for the amended service contract area or route; or - (ii) is not awarded a service contract to provide the service for the amended service contract area or route.