Statutory Instruments of the Scottish Parliament

"disabled person" has the same meaning as in section 1 of the Disability Discrimination Act 1995[2];

"local service" has the same meaning as in section 2 of the Transport Act 1985[3];

"public passenger transport services" means all those services on which members of the public rely for getting from place to place, when not relying on private facilities of their own;

"stopping place" has the same meaning as in section 137(1) of the Transport Act 1985.

Eligibility for grant
     3.  - (1) A bus service is an eligible bus service for the purposes of section 38 of the Transport (Scotland) Act 2001 (Grants to bus service operators) if it is of one of the following classes:-

(a) a local service provided or secured-


(i) by a local education authority pursuant to arrangements made under section 51 of the Education (Scotland) Act 1980[4]; or

(ii) for persons who have attained the age of sixty years or disabled persons,



and in respect of which the conditions set out in paragraph (2) are satisfied;

(b) a local service, other than a service described in paragraph (1)(a), which is provided by means of a vehicle adapted to carry more than eight passengers (or by a smaller vehicle, but only if the services are operated in accordance with a timetable) and in respect of which the conditions set out in paragraph (3) are satisfied; and

(c) a bus service being provided by an operator to whom a permit under section 19 of the Transport Act 1985 has been issued and remains in force, and in respect of which the conditions set out in paragraph (4) are satisfied.

    (2) The conditions referred to in paragraph (1)(a) are that-

(a) seats on the vehicle by means of which the service is provided are normally available to members of the public and the service is regularly used by such members;

(b) the stopping places (other than those to or from which the service is mainly provided) are situated at locations where they are likely to be used with reasonable frequency by members of the public;

(c) such members are able to make a single journey between any two stopping places upon payment of a fare which is not a deliberate deterrent to their use of the service;

(d) such members are able to pay the fare at a place and in a manner which are not a deliberate deterrent to their use of the service; and

(e) arrangements are made which afford members of the public a reasonable opportunity to inform themselves of the existence of the service, the times of its operation, and the places which it serves.

    (3) The conditions referred to in paragraph (1)(b) are that-

(a) at least half of the accommodation on the vehicle by means of which the service is provided is normally available to members of the public and the service is regularly used by such members;

(b) the stopping places are situated at locations where they are likely to be used with reasonable frequency by members of the public;

(c) such members are able to make a single journey between any two stopping places upon payment of a fare which is not a deliberate deterrent to their use of the service;

(d) such members are able to pay the fare at a place and in a manner which are not a deliberate deterrent to their use of the service;

(e) there is not displayed on the vehicle by means of which the service is provided any sign or description intended or likely to convey the impression that the service is only available to a particular category of person; and

(f) arrangements are made which afford members of the public a reasonable opportunity to inform themselves of the existence of the service, times of its operation and the places which it serves.

    (4) The conditions referred to in paragraph (1)(c) are that the service is used wholly or mainly by-

(a) persons who have attained the age of 60 years;

(b) disabled persons;

(c) persons in receipt of income support under section 124 of the Social Security Contributions and Benefits Act 1992[5];

(d) persons in receipt of jobseeker's allowance under the Jobseekers Act 1995[6];

(e) persons suffering a degree of social exclusion by virtue of unemployment, poverty or other economic factors, homelessness, geographical remoteness, ill health, or religious or cultural mores;

(f) persons who believe that it would be unsafe for them to use any public passenger transport services; or

(g) carers or persons under 16 years of age accompanying any of the foregoing.

LEWIS MACDONALD
Authorised to sign by the Scottish Ministers

St Andrew's House, Edinburgh
10th June 2002

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations describe the "eligible bus services" for the purposes of section 38 of the Transport (Scotland) Act 2001 ("the 2001 Act"). Under that section grants may be made to operators of eligible bus services towards their costs in operating the service. These Regulations re-enact the previous eligibility rules for fuel duty rebates under section 92 of the Finance Act 1965, which is superseded by section 38 of the 2001 Act. These Regulations extend eligibility to services provided by a range of non-profit making community transport bodies whose services do not follow a fixed route or timetable and are for use by particular categories of passengers, rather than the general public.

[1] 2001 asp 2.back

[2] 1995 c.50.back

[3] 1985 c.67.back

[4] 1980 c.44.back

[5] 1992 c.4.back

[6] 1995 c.18.back

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