# The Quality Contracts Schemes (Tendering Requirements) (England) Regulations 2009, Note: Explanatory note


(This note is not part of the Regulations)
These Regulations are made under Part 2 of the Transport Act 2000 (“the Act”) and apply to local transport authorities and Passenger Transport Executives responsible for the making of quality contracts under a quality contracts scheme.
A quality contracts scheme (“scheme”) is a scheme under which a local transport authority determines the local bus network in the area to which the scheme relates. Where such a scheme is in place, local bus services can only (with some exceptions) be provided under quality contracts. A quality contract is a contract made by the authority under which a particular operator is granted the exclusive right to operate specified bus services. Other than in emergency and other prescribed circumstances, such contracts may only be awarded following a competitive tender process.
These Regulations prescribe certain exceptions from the competitive tendering requirements, and impose certain obligations on authorities making quality contracts.
Regulation 3 provides that section 89(1) of the Transport Act 1985 (obligation to invite tenders for subsidised services) does not apply in certain circumstances. The circumstances are where a local service is due to cease to be provided, in accordance with the terms of an agreement providing for service subsidies, in the twelve months before those services would, under a scheme which has already been made, fall to be provided under a quality contract.
Regulation 4 prescribes circumstances in which section 91(3) and (4) of the Transport Act 1985 (duty to invite tenders and limit on duration of contract) does not apply. The circumstances are where an authority enters into an emergency subsidised service agreement for the provision of local services in the twelve months before those services would, under a scheme which has already been made, fall to be provided under a quality contract. The effects are to disapply the normal requirement to invite tenders and lift the limit on the duration of the emergency contract.
Regulation 5 enables an authority, where invitations to tender have been issued under section 130 of the Act (tendering for quality contracts) but either no tenders, or no acceptable tenders, have been submitted, to enter into a quality contract without the need to issue further invitations to tender. This regulation prescribes that the maximum duration of such a quality contract is two years.
Regulation 6 provides that the maximum duration of a quality contract made under section 131(1) of the Act (exceptions from the requirement to tender for quality contracts) is twelve months.
Regulation 7 requires authorities to publish certain information, including that specified in the Schedule, in prescribed circumstances.
Regulation 8 prescribes how information required to be published under regulation 7 is to be made available to operators of local services and other interested persons. The authority must give notice of the publication in a newspaper so as to inform people where or how it may be inspected or obtained.
Regulation 9 stipulates that provisions in these Regulations do not affect obligations arising from the European Procurement Directives.
An impact assessment has been prepared and copies can be obtained from the Department for Transport, Great Minster House, 76 Marsham Street, London, SW1P 4DR. The assessment is annexed to the Explanatory Memorandum which can be found alongside these Regulations on the Office of Public Sector Information website (www.opsi.gov.uk).

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Source: https://www.legislation.gov.uk/uksi/2009/3244/note (the official version)
Page: https://openlegislation.uk/quality-contracts-schemes-tendering-requirements-england-regulations-2009/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.