The Bus Operator (Coronavirus, Financial Assistance) Regulations (Northern Ireland) 2020

Regulation 2

SCHEDULE Bus Operator Financial Assistance Scheme 2020

Citation

1.  This Scheme may be cited as the Bus Operator Financial Assistance Scheme 2020.

Interpretation

2.—(1) In this Scheme—

“the 1967 Act” means the Transport Act (Northern Ireland) 1967(1);

“application” means an application for a financial assistance payment made in accordance with paragraph 4 and “applicant” shall be construed accordingly;

“the Department” means the Department for Infrastructure;

“determination” means the determination of the First Minister and deputy First Minister, acting jointly, and made on 3rd November 2020 that exceptional circumstances exist for licensed bus operators as a consequence of the outbreak of Coronavirus, including financial hardship arising from the loss of business. It is desirable to provide financial assistance to mitigate the effect of that outbreak on licensed bus operators and that such assistance ought to be provided in accordance with a Scheme made under section 1 of the Financial Assistance Act (Northern Ireland) 2009;

“eligible income” means the total income of an eligible person for the eligible period or, as the case may be, for each of the reference periods, declared in the application;

“eligible period” means the period beginning on 1st April 2020 and ending on 30th September 2020;

“eligible person” means a person who satisfies the requirements of paragraph 5;

“financial assistance payment” means a payment by the Department for the purpose set out in paragraph 3 and in accordance with paragraph 6; and

“reference periods” means the period beginning on 1st April 2018 and ending on 30th September 2018 and the period beginning on 1st April 2019 and ending on 30th September 2019.

(2) Terms and expressions used in the 1967 Act have the same meaning in this Scheme.

(3) A reference in this Scheme to anything done in writing or produced in written form includes a reference to an electronic communication which has been recorded and is consequently capable of being reproduced.

Purpose of financial assistance

3.  The purpose of financial assistance is the mitigation of the effect of the exceptional circumstances referred to in the determination made by the First Minister and deputy First Minister, acting jointly, made on 3rd November 2020.

Application for payment of financial assistance

4.—(1) The Department shall publish a notice inviting applications in such manner as will ensure that it is reasonably likely to be seen by eligible persons.

(2) A notice published under sub-paragraph (1) shall specify—

(a) the closing date for making an application;

(b) the information which an applicant is required to provide in support of the application; and

(c) the form of any application.

(3) An application may be made in accordance with the requirements of the notice published under sub-paragraph (1).

(4) On receipt of an application, the Department may request such additional information from the applicant as it considers necessary to establish whether they are an eligible person or to facilitate consideration of that application.

(5) The Department shall reject an application if it is satisfied that the applicant is not an eligible person or does not meet the requirements of sub-paragraph (3).

(6) The Department shall notify the applicant of its decision in relation to any application as soon as is reasonably practicable.

Eligible persons

5.—(1) Subject to sub-paragraph (2), an eligible person must satisfy the Department that, for the duration of the eligible period they—

(a) have suffered a significant adverse impact on income arising from the loss of business;

(b) had as the main purpose of their business the carriage of passengers and their luggage for reward by road; and

(c) held a bus operator’s licence.

(2) The following persons are deemed not to be eligible persons—

(a) the Northern Ireland Transport Holding Company, as established under Part 5 of the 1967 Act;

(b) the Education Authority, as established under the Education Act (Northern Ireland) 2014(2); or

(c) any person who has received, or is due to receive, funding from the Department under the Transport Act (Northern Ireland) 2011(3) in the period beginning on 6th April 2020 and ending on 5th April 2021.

(3) In this paragraph, “significant adverse impact on income” means a reduction in eligible income for the eligible period of at least 40%, compared with—

(a) where there is eligible income for both reference periods, the higher amount;

(b) where there is eligible income for only one of the reference periods, that amount; or

(c) where there is eligible income for neither of the reference periods, the alternative information in accordance with the requirements of the notice published under paragraph 4(1).

Provision of financial assistance

6.—(1) The Department may, in accordance with the following provisions, make a financial assistance payment to any eligible person.

(2) That financial assistance payment shall constitute a single payment, by way of a grant, to each eligible person in accordance with sub-paragraphs (3) to (7).

(3) For each eligible person, the amount payable shall be the lower of—

(a) an amount equivalent to the financial standing requirements for that person, calculated in accordance with the number of their eligible vehicles; or

(b) the amount by which that person’s eligible expenditure exceeds their eligible income for the eligible period.

(4) The maximum amount payable to any eligible person shall be £100,000.

(5) Financial assistance payments shall be made in compliance with Commission Regulation (EU) No 1407/2013 of 18 December 2013 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid(4).

(6) Financial assistance payments to eligible persons shall be on such other terms and conditions as the Department may specify.

(7) In this paragraph—

(a) “the 2009 Regulation” means Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC(5);

(b) “eligible expenditure” means the total expenditure for the eligible period declared in the application;

(c) “eligible vehicles” means vehicles registered on an eligible person’s bus operator’s licence at 23rd March 2020 adjusted to reflect vehicle sales and vehicle purchases relevant to the eligible period that the Department is satisfied are supported by the application; and

(d) the “financial standing requirements” are, in accordance with Article 7 of the 2009 Regulation, £8,000 for the first eligible vehicle and £4,450 for each additional eligible vehicle.

Payment of financial assistance

7.—(1) Where the Department has received an application it must determine whether that application—

(a) satisfies paragraphs 4 and 5; and

(b) provides the information required in accordance with paragraphs 4 and 5,

and, if it does, the Department may make a financial assistance payment to the eligible person in accordance with paragraph 6.

(2) The Department shall, as soon as reasonably practicable, notify the applicant in writing of its decision to approve or reject an application and—

(a) if an application is approved, the amount of the financial assistance payment to be made; or

(b) if an application is rejected, the reasons for the rejection and the right of review under paragraph 9.

Recovery

8.  A financial assistance payment made in accordance with paragraphs 6 and 7, and which is subsequently found to have been paid contrary to those paragraphs, shall be recoverable by the Department from any person to whom such a payment was made.

Review

9.—(1) Where the Department makes a decision in relation to an application, an applicant aggrieved by that decision may request the Department to review it in accordance with this paragraph.

(2) A request for a review shall be made to the Department no later than 21 days from the date of the notification under paragraph 7(2) of the decision to be reviewed.

(3) A request for a review shall be in writing and shall—

(a) specify the decision of the Department in respect of which the request is made; and

(b) give full particulars of the grounds upon which the review of the decision is sought.

(4) Upon receipt of a request under sub-paragraph (2), the Department shall review the decision which is specified in it.

(5) Following a review of a decision under sub-paragraph (4) the Department may—

(a) confirm the decision; or

(b) substitute a new decision.

(6) As soon as reasonably practicable after reviewing a decision under sub-paragraph (4), the Department shall notify the result of the review in writing to the person making the request for it and shall give the reasons for the result.

Information

10.—(1) In addition to any application under paragraph 4, the Department may request information from another public body for use in determining whether a person is eligible under paragraph 5 for financial assistance under this Scheme.

(2) The Department may share information in relation to eligibility for Coronavirus financial assistance with another public body.

(1)

1967 c. 37 (N.I.)

(2)

2014 c. 12 (N.I.)

(3)

2011 c. 11 (N.I.)

(4)

OJ No. L352, 24.12.2013, p. 1

(5)

OJ No. L300, 14.11.2009, p. 51