ScotRail Franchise Temporary Measures Agreement (Regulation 1370/2007)

Introduction

Transport Scotland, on behalf of The Scottish Ministers, entered into Emergency Measures Agreement arrangements (EMA) with Abellio ScotRail Limited from 1st March 2020 in respect of the ScotRail Passenger Services Franchise, following the occurrence of the COVID-19 pandemic. It is possible that the EMA may be in place for up to two years from that date.

Thereafter Transport Scotland, on behalf of The Scottish Ministers, may, depending on matters including the scale and pace of the recovery from the impact of the COVID-19 pandemic (which remains uncertain) and the consequences of the same for ScotRail Passenger Services, wish to be able to make a direct award of a Public Service Contract to Abellio ScotRail Limited under Article 5(3a) of Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road as amended (retained EU Law) (Temporary Measures Agreement). Such a Temporary Measures Agreement may be necessary as a result of the COVID-19 pandemic and its consequences for rail passenger services provided in respect of the ScotRail Passenger Services Franchise.

The current Franchise Agreement (FA) between Scottish Ministers and Abellio ScotRail Limited is due to expire as of 31st March 2022.

More information can be found on Transport Scotland’s website:

www.transport.gov.scot/public-transport/rai… ↗

The terms of the Temporary Measures Agreement would vary the terms of the current FA, to address continuing consequences of the COVID-19 pandemic, similarly to the variations made under the EMA.

As an alternative to the above and depending on the circumstances, Transport Scotland, on behalf of The Scottish Ministers may wish to be able to make a direct award of a Temporary Measures Agreement under Article 5(6) of Regulation (EC) No 1370/2007.