The Public Service Obligations in Transport Regulations 2023

includes any proceeding in a court of law.

means the public service operator (if any) performing an existing public service contract in respect of the services and areas referred to in paragraph (1)(c).

means a motor vehicle, other than a tram, which is adapted to carry more than sixteen passengers;

has the same meaning as in the Highways Act 1980, or in Scotland the Roads (Scotland) Act 1984;

means any public authority or group of public authorities which has a power or duty to secure the provision of public passenger transport services in a particular geographical area or any other body authorised to exercise such a power or duty;

means any competent authority whose geographical area of competence is not national, and includes a “local transport authority” as defined in section 108(4) of the Transport Act 2000 (for England and Wales), a “London transport authority” as defined in section 162(1) of that Act, Transport for London, and a “local transport authority” as defined in section 82 of the Transport (Scotland) Act 2001 (for Scotland);

means the award of a public service contract to a public service operator without any prior competitive tendering procedure;

means a right entitling a public service operator to operate public passenger transport services on a particular route or network or in a particular area to the exclusion of any other such operator;

means a general rule for the operation of public transport which applies to all operators of public passenger transport services of the same type in a geographical area for which a competent authority is responsible;

means transport services which are operated primarily for their historical interest or for the purposes of tourism;

means interconnected public passenger transport services within a particular geographical area with a single information service, ticketing scheme and timetable.

means— (a) a person whose interests may be affected by the competent authority’s decision to enter into a public service contract or make a general rule, or (b) the Secretary of State;

means a person— (a) over whom a competent local authority, or in the case of a group of authorities at least one competent local authority, exercises control similar to that exercised over its own departments, and (b) who is legally distinct from the authority or authorities exercising control;

means a risk that—

means a risk that the public service operator will not be able to recover its costs in connection with the supply and operation of the works or the public passenger transport services, where the factors giving rise to that risk are— (a) reasonably foreseeable at the time of the award, and (b) arise from matters outside the control of the competent authority and the public service operator;

means the award, entry into and management of a public service contract;

means a person that is— (a) wholly or mainly funded out of public funds, or (b) subject to public authority oversight, and does not operate on a commercial basis;

means passenger transport services in the general interest provided to the public;

means any benefit, particularly financial, granted directly or indirectly by a competent authority from public funds in consideration of implementation of a public service obligation;

means— (a) one or more legally binding acts confirming the agreement between a competent authority and a public service operator to entrust to that public service operator the management and operation of public passenger transport services subject to public service obligations, or (b) where the competent authority provides the services or entrusts the provision of such services to an internal operator, a decision adopted by the competent authority containing conditions under which those services must be performed;

means a requirement determined by a competent authority in accordance with regulation 6 in order to secure the provision of public passenger transport services that an operator, if it were considering its own commercial interests, would not assume or would not assume to the same extent or under the same conditions without reward;

means any public or private supplier, including an internal operator, or group of such suppliers which operates public passenger transport services or any public body which provides public passenger transport services;

means a system of transport employing parallel rails which— (a) provide support and guidance for vehicles on flanged wheels, and (b) form a track which is either of a gauge of at least 350 millimetres or crosses a carriageway, whether or not on the same level, but does not include a tramway or any other form of track-based mode;

means, taking account of the amount of any capital or other resources (or both) invested by the public service operator and the risk, or absence of risk incurred by the public service operator by virtue of public authority intervention, having regard to the size and nature of the services, including by transfer of financial risk around any capital investment, revenue or operating expenditure—

means a contract in writing for the supply, for pecuniary interest, of public passenger transport services to a competent authority where— (a) at least part of the consideration for that supply is a right for the supplier to exploit the services, and (b) under the contract the public service operator is exposed to a real operating risk.

means a supplier that has— (a) fewer than 250 staff, and (b) a turnover of an amount less than or equal to £44 million, or a balance sheet total of an amount less than or equal to £38 million;

has the same meaning as in the Subsidy Control Act 2022.

means the Public Service Obligations in Transport Regulations 2023;”

means—

means a mode of transport in which the vehicle derives support or guidance from a track or other structure not being a road;

means a vehicle that operates on a tramway;

has the same meaning as in section 67(1) of the Transport and Works Act 1992;

means the total remuneration, before VAT, of a public service operator, including compensation of whatever kind paid by a competent authority and revenue from the sale of tickets which is not repaid to that competent authority.

means a contract in writing for the supply, for pecuniary interest, of works to a competent authority where— (a) at least part of the consideration for that supply is a right for the supplier to exploit the works, and (b) under the contract the public service operator is exposed to a real operating risk.