Statutory guidance

The Public Service Obligations in Transport Regulations 2023

This Statutory Instrument revokes and replaces Regulation (EU) 1370/2007 which sets out the conditions under which 'competent authorities' may award Public Service Obligation (PSO) contracts for rail passenger services to train operating companies, as well as bus and tram concession services.

• From: Department for Transport
• Published: 16 October 2023
• Last updated: 11 January 2024 — See all updates

Applies to England, Scotland and Wales

Documents

Statutory instrument

PDF, 175 KB, 23 pages

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Explanatory memorandum

PDF, 105 KB, 10 pages

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Made statutory instrument

PDF, 547 KB, 26 pages

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Details

This Statutory Instrument restates relevant EU case law and principles and makes amendments to:

• ensure the government is able to meet its obligations in relation to subsidy provision under the UK-EU Trade and Cooperation Agreement (TCA)
• harmonise its provisions with the Subsidy Control Act 2022 and the Procurement Bill

The powers to directly award Public Service Obligation (PSO) contracts were due to expire under EU legislation. It is in the best interests of the railways and passengers in Great Britain to retain them.

Leaving the EU has given:

• us the flexibility to award the contracts
• the ability to simplify the regime where possible
• contracting authorities a strong basis for providing these vital public services

• Laid on: 16 October 2023
• Made on: 11 December 2023
• Subject: Transport

Published 16 October 2023
Last updated 11 January 2024 + show all updates

1. 11 January 2024

   Made SI details added to page along with made SI document.

2. 16 October 2023

   First published.