18Tendering for quality contracts
(1)Subject to any regulations under subsection (1), and to subsections (2) and (5), of section 19 of this Act, a local transport authority who have made a quality contract scheme shall not enter into a quality contract otherwise than by accepting a tender invited in pursuance of this section.
(2)An authority shall, not later than—
(a)3 months; or
(b)such other period as the Scottish Ministers may by order specify,
after a scheme has been made by them, invite tenders for the provision of local services to which the scheme relates for such period and on such basis as may be specified in the invitation to tender.
(3)The period specified in the invitation to tender shall not exceed seven years beginning with the operational date of the scheme to which the invitation relates.
(4)An invitation to tender shall—
(a)be issued generally, in such manner as the authority consider appropriate for bringing it to the attention of persons who may be interested; and
(b)be issued individually to all persons who have given to the authority, or any of the authorities, a written notice—
(i)indicating that they wish to receive invitations to tender for the provision of local services of a description to which the invitation relates; and
(ii)specifying the address to which such an invitation is to be directed.
(5)It shall be sufficient for the purposes of subsection (4)(b) above if the authority send the invitation to the person giving such a notice at the address specified in the notice.
(6)The authority may accept a tender only if it is submitted by a person who is the holder of either—
(a)a PSV operator’s licence, not being a licence to which a condition is attached under section 26 of the 1985 Act (power of traffic commissioner to attach conditions to licences) prohibiting the holder from using vehicles under the licence to provide local services of all descriptions or of any description to which the invitation relates; or
(b)a community bus permit.
(7)The Scottish Ministers may by regulations make provision requiring local transport authorities to publish such information as may be prescribed in relation to—
(a)tenders submitted to them in accordance with this section; or
(b)their reasons for entering into particular quality contracts.