I1C1C2 Part I The Provision of Railway Services
Pt. I (ss. 1-83) modified (18.12.1996) by 1996 c. 61, s. 21(6)
Pt. 1 (ss. 1-83) applied (S.) (27.4.2006) by Edinburgh Tram (Line Two) Act 2006 (asp. 6), s.78 (with s.75)
Pt. 1 (ss. 1-83) applied (S.) (8.5.2006) by Edinburgh Tram (Line One) Act 2006 (asp. 7), s.79 (with ss.76, 84)
Franchising of passenger services
26 Invitations to tender for franchises.
1
F1The appropriate franchising authority may select the person who is to be the franchisee in relation to a franchise agreement from among those who submit tenders in response to an invitation to tender under this section for the right to provide, or to secure that a wholly owned subsidiary provides, services for the carriage of passengers by railway under that franchise agreement.
2
3
The F2appropriate franchising authority shall not issue an invitation to tender under this section to (or entertain such a tender from) any person unless F3it is of the opinion that the person has, or is likely by the commencement of the franchise term to have, an appropriate financial position and managerial competence, and is otherwise a suitable person, to be the franchisee.
F44
F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F54A
The Secretary of State F8, the Welsh Ministers and the Scottish Ministers shall each publish a statement of policy about how he proposes, or (as the case may be) they propose, to exercise the power under subsection (1) above.
4B
The statement must in particular include the policy of the Secretary of State F10, the Welsh Ministers or the Scottish Ministers about—
a
when his or their selection of the person to be a franchisee under a franchise agreement is likely to be from those submitting tenders in response to an invitation to do so;
b
when it is likely such an invitation will not be issued; and
c
the means by which he is, or they are, proposing that the selection will be made in cases where there is no such invitation.
4C
In deciding whether to select the person who is to be the franchisee under a franchise agreement by means of an invitation to tender and whom so to select, the appropriate franchising authority must have regard to its statement of policy.
4D
The Secretary of State F9, the Welsh Ministers or Scottish Ministers—
a
may at any time alter or replace the statement of policy which he has made or (as the case may be) which they have made; and
b
where that statement is altered or replaced, must publish the altered or replacement statement.
F134E
Before preparing, altering or replacing a statement of policy the Secretary of State, the Welsh Ministers and the Scottish Ministers must undertake such consultation as they consider appropriate.
4F
Where a statement of policy is prepared, altered or replaced, a copy of it must be laid—
a
in the case of a statement prepared, altered or replaced by the Secretary of State, before Parliament; F11...
F12aa
in the case of a statement prepared, altered or replaced by the Welsh Ministers, before the National Assembly for Wales; and
b
in the case of a statement prepared, altered or replaced by the Scottish Ministers, before the Scottish Parliament.
Pt. I (ss. 1-83) applied (1.4.1994) by 1993 c. 43, ss. 36(2) (inserting s. 10(1)(viiia) in 1968 c. 73); S.I. 1994/571, art. 5
Pt. I (ss. 1-83) applied (18.12.1996) by 1996 c. 61, s. 16(5)