Dublin Transport Authority Act 2008

Public service contracts in respect of services partially outside GDA.

54.— (1) Where the Minister considers that there are—

(a) public bus passenger services being provided by Bus Éireann in accordance with section 7 of the Act of 1958 and section 8 of the Act of 1986, and

(b) rail passenger services,

which have their origin or destination outside the GDA, and can reasonably be regarded as part of the transport system of the GDA, he or she may by order designate such services for the purposes of this section.

(2) Save where a licence is granted by the Minister under the Road Transport Act 1932 or where otherwise provided by law, Bus Éireann has an exclusive right to continue to provide the public bus passenger services designated by order under subsection (1).

(3) Save as otherwise provided by law, Irish Rail has an exclusive right to provide the rail passenger services that have been designated by order under subsection (1).

(4) The Authority shall enter into direct award contracts, which impose public service obligations, with Bus Éireann or Irish Rail in respect of the public passenger transport services to which this section relates.

(5) (a) Where the Minister considers that there has been a material change in the circumstances which gave rise to the making of an order under subsection (1), he or she may not more than once every 2 years, amend that order.

(b) When considering the making of an amendment of an order under this subsection, the Minister shall have regard to—

(i) any relevant information in relation to travel patterns to and from the GDA, including but not confined to commuting patterns, and

(ii) any recommendations of the Authority.

(6) The Authority may make recommendations to the Minister, from time to time, regarding the exercise of his or her powers under subsections (1) and (5).

(7) This Chapter in so far as it relates to the making of public service contracts, with particular reference to section 52 (4) to (8), applies in respect of the direct award contracts referred to in subsection (4).