NORTH LANARKSHIRE COUNCIL
EDUCATION & FAMILIES
Updated March 2019
means the tenderer that has been awarded
the contract at the conclusion of the
Procurement and, where the context so
requires includes any subcontractor
means North Lanarkshire Council, a local
authority established by the Local
Government etc. (Scotland) Act 1994
having its principal office at Civic Centre,
Windmillhill Street, Motherwell, ML1 1AB
means the invitation to tender document
and related documentation issued to
organisations that expressed an interest in
means a vehicle for use in servicing the
contract whilst meeting all legislative
requirements contained within the ITT,
Terms and Conditions and Special Terms
and Conditions of Contract.
means the Contractor who uplifts the pupil
at the home address and transports them to
and from the educational establishment, as
stated on the contract schedule
means the person who accompanies the
pupil whilst being transported
means any person who has parental
responsibility for the pupil
“Head of Establishment”
means head teacher of the educational
establishment attended by the pupil
Safety and Security
In the event of a Parent/Carer not being at home to take charge of the pupil, the
Contractor should contact the educational establishment attended by the pupil in the
first instance and thereafter the Council, Tel No. 01236 812423 or 01236 812249.
The Contractor shall be responsible for the safety of the pupils while they are being
transported. This includes the safe securing of wheelchairs where the wheelchair user
is travelling whilst seated in the wheelchair. Makes/models of wheelchair differ from
person to person, therefore advice should be sought from the Parent/Carer on the
correct procedure for their child’s particular wheelchair. If you are in doubt of the most
appropriate method of securing a particular wheelchair, please contact the Council
who will seek appropriate advice.
Where childproof locks are fitted to any vehicle used under this contract, such locks
must be in operation at all times.
The Contractor shall ensure that the seats on all minibus vehicles used on this contract
with a passenger carrying capacity of 16 seats or less, excluding the driver’s seat, shal
be fitted with fully functional lap and diagonal seatbelts, securely fitted in accordance
with the vehicle manufacturer’s specifications and to any relevant European or British
Standards regarding materials and taking the appropriate account of the condition of
the individual vehicle. All motor cars/taxis used on this contract shall be fitted with lap
and diagonal seat belts for use by each pupil carried, where special restraints have not
Smoking is not permitted in any vehicle used on Council contracts.
Vehicles must be parked to ensure pupils are not required to cross the road to either
board or alight the vehicle.
A mobile telephone must be available within the vehicle for emergency situations.
Any vehicle, which is constructed in such a manner that it has an open platform for
access and egress, must have the said platform enclosed by doors operable by the
Any accident involving any vehicle while carrying passengers for the purpose of this
contract must be reported to the Council immediately, giving full details of the accident
and any remedial action taken thereafter.
Vehicles operating this contract must carry an approved fire extinguisher and first aid
11 If, for any reason, eg adverse weather, the Contractor is unable to complete the
required journey either to or from any educational establishment attended by the pupil,
they must immediately contact the Council’s Contracts Section on 01236 812423 or
01236 812249 for further instructions. All pupils must remain in the Contractors vehicle
until further instructions are received.
The Contractor shall take instruction from the Council with regard to change of pupil
address or change in pick up times.
Provided capacity is available on the vehicle, and provided no additional mileage is
involved, the Contractor will convey additional passengers only as authorised or
required by the Council whilst the vehicle is being used to carry out this contract. In
circumstances were a ‘privilege’ pupil is added to a contract to which their sibling is
already travelling on, should the entitled sibling be absent for any reason, the
Contractor is not required to transport the privilege pupil and therefore cannot claim for
these journeys. In instances were capacity is available in the vehicle but additional
mileage would be incurred, the Contractor is obliged to add any additional pupil(s) but
only as authorised or required by the Council (acting reasonably) with a negotiated
additional cost being agreed in advance for the addition of the pupil(s).
Without prejudice to any other clause in this contract, either party shall be entitled to
terminate the contract without incurring any liability for so doing by giving to the other
party 28 days written notice of the intention to terminate.
The Council reserves the right to suspend a contract at any time, without payment to
the contractor, e.g. if a pupil is absent long term or pending the result of an investigation
involving the operation of the contract.
In an emergency, the circumstances of which must be related to the Council in detail,
the Contractor may sub-contract the contract for an initial period of not more than one
working day (which shall in terms of this contract be constituted by one journey in the
morning and one journey in the afternoon to and from school.) In such an event the
Council must be advised of the circumstances within 24 hours of the emergency
arising. Thereafter the Council may extend the initial period allowed for the sub-
contract at their sole discretion. At all times the Contractor shall be responsible for
ensuring that all conditions of contract are complied with.
The Council reserves the right to alter from time to time the specification in respect
of services provided for the said routes (as defined in the Schedule to this contract),
and as from the date required by the Council, the services shall be in accordance with
the specifications as so altered. Where any such alteration involves an amendment to
the cost of provision of services, such amendment shall be made as appropriate.
Where such alterations involve a deletion of a route, this shall be without prejudice to
services in respect of the remaining route,
payments due to the Contractor in respect only of those remaining
Additional journeys will be paid in accordance with the Taxi Fares Tariff as set by North
Where there is only one pupil on a contract and the Parent/Carer or the educational
establishment advises that the pupil will not attend that day the contractor will be paid
50% of the daily cost.
Where there is more than one pupil on a contract and the Parent/Carer or the
educational establishment advises that a pupil will not attend that day the Contractor
should reduce the daily cost in agreement with the council.
The Contractor will be advised of the duration of the suspension and this will dictate
when the contract will restart.
If at any time the Contractor becomes aware the service may not be required for a
number of days, the Contractor must inform the Council.
Journeys cancelled, for example, because of pupil absence, or not attempted by the
Contractor because of severe weather conditions, shall be paid as follows:
(a) If transport arrives at the pupils door and the child is clearly absent for the day
there is only a 50% payment for that day
(b) Where Contractor is are given more than 12 hours’ notice a full 100% reduction wil
(c) Journeys attempted but not completed due to adverse weather conditions will be
paid in full subject to agreement by the Council that the relevant weather conditions
warrant the action taken by the Contractor
Contractors shall only continue to attempt to make pick-ups for regular non-attenders
at the educational establishment which should be attended for a maximum of five
consecutive days. Following this period no pick-ups shall be made without prior
consultation with the Council.
It is a requirement that the Driver and Escort meet with the Parents/Carers of each
pupil before the start of a contract to discuss each pupil’s specific needs. Please
ensure that information/advice is received from Parent/Carer in relation to the safe
anchoring/securing of wheelchairs for pupils who require to travel in their
Wherever possible escorts should remain the same throughout the term of this
contract. In emergency situations, e.g. holiday periods etc Contractors should notify
the Council and the parent of any change of escort.
The Council must be able to contact Contractors by telephone/email between the hours
of 8.00am and 4.00pm.
It is the responsibility of the Contractor to consult the Head of Establishment and
Parent/ Carer regarding the school hours, as well as dates of holidays and other days
when transport may not be required.
28 Only persons agreed by the Council shall be allowed to travel in the vehicle whilst
carrying out this contract.
No animals are permitted on the vehicle whilst carrying out this contract.
30 Whilst a vehicle is being used for the contract, a sign of not less than 250mm x
120mm shall be visibly displayed on the nearside of the vehicle showing in bold print
the words ‘SCHOOL CONTRACT’. Signs are available from the Council’s Contracts
Section Civic Centre, Motherwell .
31 The Contractor will be aware of, and operate within all relevant legislation and in
particular Disability Discrimination Act 1995 (as amended).
All Contractors will be aware of, and operate within, all relevant requirements of the
Data Protection Act 2018 and will require to have in place a signed Data Sharing
Agreement between the Council and themselves.
The use of recording devices, audio or visual, which record activity within the vehicle
is not permitted whilst carrying out a Council contract.
34 Vehicles used for this contract must have an adequate heating system in good working
35 It is recommended that all drivers and escorts carrying out School Contracts should
attend an “Induction Day” delivered by the Council.
Appropriate registration documents, insurance policies and/or renewal certificate, MOT
vehicle certificate, as appropriate, must be exhibited to the Council before
commencement of this contract and at any other time during the term of this Contract
on request by the Council in respect of all vehicles owned by the Contractor.
The Contractor and any persons employed as drivers or who act on behalf of the
Contractor under the terms of the contract and any vehicle used for the purposes of
this contract, shall conform fully with the road traffic and transport acts, notwithstanding
that the Contractor will not be required to obtain a private hire car licence if after taking
account of the obligations on the Contractor under this contract, the Contractor is
exempt from the requirement under section 22 (c) of the Civic Government (Scotland)
Act 1982. In this respect the Contractor will be held to have satisfied themselves in
respect of what documentation, by way of certificate/licences and records of inspection
and maintenance, will be required in relation to the carrying out of the contract and
must display these to the Council as and when required. Notwithstanding this provision
where a Contractor, their employee or a driver who is acting on their behalf, requires
to obtain a new or upgraded PSV operators’ licence in order to carry out this Contract,
such a licence shall be displayed to the Council prior to the award of a contract.
Vehicles used for the purpose of the contract must have at least four doors. All vehicles
used at any time for the purpose of the contract, prior to such use, must have been
examined at the Council’s discretion at a vehicle testing station approved by the
Council and must have been found to be in a satisfactory condition. If required at any
time, evidence of such inspection shall be displayed on demand to the Council.
Furthermore, any vehicle used on this contract and in any premises in which such a
vehicle is garaged or maintained shall be made available during normal working hours
for inspection by representatives of, or persons authorised, by the Council.
The Contractor shall maintain all the vehicles under the contract and their seating
accommodation to the satisfaction of the Council and in the event of the vehicles
ceasing to be serviceable or roadworthy, either permanently or temporarily, the
Contractor shall make suitable alternative arrangements for the punctual transport of
the passengers to the satisfaction of the Council. Any substitute vehicle used for this
purpose must conform to the above requirements, whether owned by the Contractor
or others. The Contractor must ensure that pupils transported under these conditions
will be allocated one seat per child notwithstanding the provision of Regulation 5(2) of
the public Service Vehicle (Carrying Capacity) Regulations 1984.
The Contractor must ensure the vehicle used has Hire & Reward Insurance or
Business Insurance which states “you are covered for the use for the carriage of school
children for hire or reward in connection with their attendance at school”.
Any licence/certificate in this respect shall be made available to the Council as and
Any vehicle used at any time for the purpose of this contract may be examined at the
Council’s discretion by Strathclyde Partnership for Transport to ensure the vehicle is
in a satisfactory condition and all relevant vehicle documentation must be forwarded
to the Council prior to this Contract commencing.
It is the Contractor’s responsibility to ensure all drivers and escorts employed on
School contracts are members of the Protection of Vulnerable Groups Scheme.
Badges must be displayed at all times.
Any breach of this condition shall entitle the Council to terminate each and every
contract awarded by the Council to the Contractor.
The Contractor shall ensure:
the competency and reliability of the drivers employed by them.
that drivers are fully licensed to drive the vehicle used
The Contractor shall also ensure:
escorts are seated with pupils and shall be responsible for attending to their
comfort, security and safety.
escorts provide physical assistance in uplifting or setting down pupils.
escorts assist in carrying schoolbooks or other luggage of any pupil.
pupils are appropriately secured in their seat.
the carriage of messages between pupils’ homes and educational
drivers/escorts are aware of the procedures for medical emergencies.
drivers/escorts are able to secure a wheelchair in order that a pupil who is
wheelchair bound can travel safely.
43 The Council’s standard method of payment is via the BACS system. The successful
contractor will, on notification of the award of the contract, supply to the Council, in a
form specified such details of their bank account as are necessary to effect payment
by BACS. The Council must be informed in writing of any change of bank details.
44 All attendance sheets must state the name of the Driver and the Escort carrying out
the contract. Failure to provide this information will result in a delay in payment of