1986 Ed.]
Public Bus Services
[CAP. 230
12. (1) A grantee shall, at all times during the franchise period, maintain to the satisfaction of the Commissioner a proper and efficient public bus service.
(2) Without prejudice to the generality of subsection (1), the grantee shall not be treated for any purpose of this Ordinance as maintaining a proper and efficient public bus service unless it maintains the service and operates the same in accordance with its franchise, this Ordinance, any direction or requirement under its franchise or this Ordinance and any programme or any approval under section 16A. (Amended, 44 of 1984, s. 7)
12A. (1) With effect from 1 January 1985, a grantee shall in each year, not later than 30 June, prepare a programme of the operations of the grantee for the following 5 years in respect of the matters specified in the Schedule, and the grantee and the Commissioner shall, subject to subsection (4), take all reasonable steps to reach agreement on the programme by 30 September in that year; and the programme as agreed under this subsection or as settled under subsection (4) shall be submitted to the Secretary for Transport by the Commissioner.
(2) A programme submitted to the Secretary for Transport under subsection (1) in any year shall upon such submission come into force and supersede the programme (if any) so submitted in the immediately preceding year, but where a programme is not submitted in any year the programme submitted in the previous year shall, without prejudice to subsection (5), continue in force until it is superseded or it expires, whichever is the earlier.
(3) A programme which is in force under this section may from time to time be altered by mutual consent of the Commissioner and a grantee and such alterations shall be submitted to the Secretary for Transport by the Commissioner and upon such submission the programme shall continue in force as altered.
(4) If the grantee and the Commissioner fail to reach agreement on any point in a programme prepared by a grantee under subsection (1) in any year, or fail to mutually agree any alterations under subsection (3), the grantee and the Commissioner shall forward the details of the point in disagreement to the Secretary for Transport who shall decide on the point having regard to the submissions of the grantee and the Commissioner and such decisions of the Secretary for Transport shall, subject to section 33, be final and shall be incorporated in the programme and such programme shall be the settled programme.
(5) Where, without reasonable excuse, a grantee fails to prepare a programme in compliance with subsection (1) it shall be deemed to be incapable of maintaining a proper and efficient service.
(Added, 44 of 1984, s. 8)
Grantee to maintain proper service.
Forward planning programme.
Schedule.
9
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Page 11
1986 Ed.]
Public Bus Services
[CAP. 230
12. (1) A grantee shall, at all times during the franchise period, maintain to the satisfaction of the Commissioner a proper and efficient public bus service.
(2) Without prejudice to the generality of subsection (1), the grantee shall not be treated for any purpose of this Ordinance as maintaining a proper and efficient public bus service unless it maintains the service and operates the same in accordance with its franchise, this Ordinance, any direction or requirement under its franchise or this Ordinance and any programme or any approval under section 16A. (Amended, 44 of 1984, s. 7)
12A. (1) With effect from 1 January 1985, a grantee shall in each year, not later than 30 June, prepare a programme of the operations of the grantee for the following 5 years in respect of the matters specified in the Schedule, and the grantee and the Commis- sioner shall, subject to subsection (4), take all reasonable steps to reach agreement on the programme by 30 September in that year; and the programme as agreed under this subsection or as settled under subsection (4) shall be submitted to the Secretary for Trans- port by the Commissioner.
(2) A programme submitted to the Secretary for Transport under subsection (1) in any year shall upon such submission come into force and supersede the programme (if any) so submitted in the immediately preceding year, but where a programme is not submitted in any year the programme submitted in the previous year shall, without prejudice to subsection (5), continue in force until it is superseded or it expires, whichever is the earlier.
(3) A programme which is in force under this section may from time to time be altered by mutual consent of the Commissioner and a grantee and such alterations shall be submitted to the Secretary for Transport by the Commissioner and upon such submission the programme shall continue in force as altered.
(4) If the grantee and the Commissioner fail to reach agree- ment on any point in a programme prepared by a grantee under subsection (1) in any year, or fail to mutually agree any alterations under subsection (3), the grantee and the Commissioner shall forward the details of the point in disagreement to the Secretary for Transport who shall decide on the point having regard to the submissions of the grantee and the Commissioner and such deci- sions of the Secretary for Transport shall, subject to section 33, be final and shall be incorporated in the programme and such pro- gramme shall be the settled programme.
(5) Where, without reasonable excuse, a grantee fails to pre- pare a programme in compliance with subsection (1) it shall be deemed to be incapable of maintaining a proper and efficient service.
( Added, 44 of 1984, s. 8)
Grantee to maintain proper service.
Forward planning programme.
Schedule.
9
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