Annex A

Section 3 (Eligibility for Grant) of the Bus Service Operators Grant (Scotland) Regulations 2002, as amended.

  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:–
    1. a local service provided or secured
      1. by a local education authority pursuant to arrangements made under section 51 of the Education (Scotland) Act 1980; or
      2. 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;
    2. a local service, other than a service described in paragraph (1)(a), in respect of which the conditions set out in paragraph (3) are satisfied; and
    3. 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–
    1. 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;
    2. the stopping arrangements are such that–
      1. all the fixed stopping places (whether marked or otherwise generally recognised) other than at the service terminal are located where they are likely to be used with reasonable frequency by members of the public; and
      2. in any section of the area of operation of the service where there are no fixed stopping places, the arrangements for determining when and where passengers may be taken up and set down are such that members of the public may take advantage of them with reasonable frequency;
    3. member of the public are able to make a single journey between two stopping places (to the extent that such journeys are provided for in the registered particulars having regard to boarding and alighting restrictions) upon payment of a fare that is not a deliberate deterrent to their use of the service;
    4. in the case of a flexible service, the advance booking arrangements are such that they do not act as a deterrent to members of the public wishing to make a single journey which is otherwise provided for in the registered particulars;
    5. members of the public 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
    6. 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)(a) are that–
    1. 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;
    2. the stopping arrangements are such that–
      1. all the fixed stopping places (whether marked or otherwise generally recognised) other than at the service termini are located where they are likely to be used with reasonable frequency by members of the public; and
      2. in any section of the area of operation of the service where there are no fixed stopping places, the arrangements for determining when and where passengers may be taken up and set down are such that members of the public may take advantage of them with reasonable frequency;
    3. members of the public are able to make a single journey between two stopping places (to the extent that such journeys are provided for in the registered particulars having regard to boarding and alighting restrictions) upon payment of a fare that is not a deliberate deterrent to their use of the service
    4. in the case of a flexible service, the advance booking arrangements are such that they do not act as a deterrent to members of the public wishing to make a single journey which is otherwise provided for in the registered particulars;
    5. members of the public 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;
    6. 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
    7. 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–
    1. persons who have attained the age of 60 years;
    2. disabled persons;
    3. persons in receipt of income support under section 124 of the Social Security Contributions and Benefits Act 1992;
    4. persons in receipt of jobseeker’s allowance under the Jobseekers Act 1995;
    5. 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;
    6. persons who believe that it would be unsafe for them to use any public passenger transport services; or
    7. carers or persons under 16 years of age accompanying any of the foregoing.