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(1)Section 111 of the [1985 c. 67.] Transport Act 1985 (unregistered and unreliable local services: requirement to repay twenty per cent. of bus fuel duty grants) is amended as follows (until it ceases to have effect as a result of section 154(6)).
(2)For subsections (2) to (4) substitute—
“(2)If any amount has been paid to the operator by way of grant under section 92 of the [1965 c. 25.] Finance Act 1965 (grants towards duty charged on bus fuel) in respect of any services operated during the period of three months ending with the day on which the determination under subsection (1) above is made, there is due from the operator—
(a)to the Secretary of State (as respects England); or
(b)to the National Assembly for Wales (as respects Wales),
such percentage of that amount as the traffic commissioner thinks fit in all the circumstances of the case.
(3)The percentage determined shall be at least one per cent. but not more than twenty per cent.
(4)A traffic commissioner who makes a determination under this section shall at once give notice in writing to—
(a)the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales); and
(b)the operator;
and the operator may appeal to the Transport Tribunal against the determination.”
(3)In subsection (5), omit—
(a)“to the Secretary of State”, and
(b)the words from “and any amount” to the end.
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