Dublin Transport Authority Act 2008

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Direct award public service contracts.

52.— (1) Save where a licence is granted by the Minister under the Road Transport Act 1932 or where otherwise provided by law—

(a) Dublin Bus has an exclusive right to continue to provide the public bus passenger services that it provides in accordance with the provisions of section 7 of the Act of 1958 and section 8 of the Act of 1986 within the city of Dublin and the counties of Fingal, South Dublin and Dún Laoghaire-Rathdown and contiguous areas,

(b) Bus Éireann has an exclusive right to continue to provide the public bus passenger services that it provides in accordance with section 7 of the Act of 1958 and section 8 of the Act of 1986 within the GDA except in so far as such services are provided by Dublin Bus under paragraph (a), and

(c) the services to which the exclusive rights referred to in this subsection shall be set out in the public service contracts made under subsection (3)(a).

(2) Save where otherwise provided by law, Irish Rail has an exclusive right to provide rail passenger services, other than metro or light rail passenger services, in the GDA.

(3) The Authority shall, in accordance with section 48 , to ensure the adequacy of public passenger transport services in the general economic interest, enter into direct award contracts, which impose public service obligations, with—

(a) Dublin Bus and Bus Éireann to secure the provision of public bus passenger services within the GDA to which subsection (1) relates, and

(b) Irish Rail to secure the provision of rail passenger services to which subsection (2) relates.

(4) Notwithstanding the provisions of section 48 (6), the direct award contracts referred to in paragraph (a) of subsection (3) shall each be for a period of 5 years, and the contract referred to in paragraph (b) of subsection (3) shall be for a period of 10 years.

(5) Where a direct award contract is entered into in respect of the provision of public bus passenger services under this section, the Authority may, following consultation with Dublin Bus or Bus Éireann, as appropriate, make alterations to elements of that contract which relate to the provision of services contained within that contract, subject to there being no amendment to the scope of the relevant exclusive right referred to in subsection (1).

(6) (a) The Authority may at any time review a direct award contract entered into under this section and may following such a review unilaterally make amendments to such contract.

(b) The Authority shall carry out a review of any direct award contract entered into under this section which relates to the provision of public bus passenger services where it considers that the maintenance of the contract, or any aspect thereof, may no longer be necessary to ensure the provision of the required level of such services and where such a finding is made, the Authority shall be entitled to unilaterally amend or terminate the contract as appropriate.

(c) (i) Subject to subparagraph (ii), the Authority may enter into direct award contracts subsequent to those to which subsection (3) applies.

(ii) Where the Authority proposes to enter into direct award contracts subsequent to those referred to in subsection (3)(a), it may only do so where it is satisfied that the continued adequacy of the public bus passenger services to which the contracts relate can only be guaranteed in the general economic interest by entering into such direct award contracts.

(d) Where the Authority proposes to carry out a review to which paragraph (b) refers or enter into the direct award contracts to which paragraph (c)(ii) refers, it shall invite and consider submissions from the holder of the direct award contract in question and from any other interested parties, including users of the public bus passenger services that are the subject of the contract.

(e) Where the Authority makes amendments to a direct award contract under paragraph (b) or enters into a direct award contract to which paragraph (c)(ii) refers, it shall prepare and publish a report relating to the operation of the public bus passenger services to which the original direct award contracts relate, the consideration of any submissions made to it under paragraph (d) and its reasons for making amendments to the original contracts or entering into the subsequent direct award contracts or, where appropriate, the termination of those contracts.

(7) All compensation made available by the Authority for the provision of public passenger transport services to which a contract under this section applies must be made in accordance with the Annex to Regulation 1370/2007.

(8) (a) The Minister may, where he or she considers it appropriate in order to achieve the Government’s transport objectives or to ensure compliance with an act of an institution of the European Community, issue directions at his or her sole discretion to the Authority and, as appropriate, Dublin Bus, Bus Éireann or Irish Rail in relation to the provision of public passenger transport services to which this section relates.

(b) Where the Minister issues a direction under this subsection, the Authority and Dublin Bus, Bus Éireann or Irish Rail, as appropriate, shall comply with that direction.