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Transport (Scotland) Act 2001
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Transport (Scotland) Act 2001, Section 40 is up to date with all changes known to be in force on or before 11 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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- Pt. 2 Ch. 3 applied in part by 2019 asp 17 s. 47(1)(2)
- Pt. 2 Ch. 3 inserted by 2019 asp 17 s. 41(2)
- Pt. 2 Ch. 4 heading inserted by 2019 asp 17 sch. para. 3(2)
- s. 27B and cross-heading inserted by 2019 asp 17 s. 42(2)
- s. 29(3A)-(3C) inserted by 2019 asp 17 s. 44(2)(a)
- s. 29(7)(8) inserted by 2019 asp 17 s. 44(2)(c)
- s. 30(3)(ca)-(cc) inserted by 2019 asp 17 s. 44(3)(b)
- s. 31(1A) inserted by 2019 asp 17 s. 44(4)(a)
- s. 31(3)(ca) inserted by 2019 asp 17 s. 44(4)(b)(iii)
- s. 31(5)-(7) inserted by 2019 asp 17 s. 44(4)(d)
- s. 32A inserted by 2019 asp 17 s. 45(2)
- s. 32B and cross-heading inserted by 2019 asp 17 s. 46(2)
- s. 35A inserted by 2019 asp 17 s. 40(2)
- s. 39(1)(ca) inserted by 2019 asp 17 s. 40(3)
- s. 79(1)(ca) inserted by 2019 asp 17 s. 48(2)(b)
40 Repayment of grants towards bus fuel dutyS
This section has no associated Explanatory Notes
(1)Section 111 of the 1985 Act (unregistered and unreliable local services: requirement to repay twenty per cent. of bus fuel duty grants) shall be amended as follows (until the coming into force of section 38(6) of this Act).
(2)For subsection (1) there shall be substituted—
“(1)Where the traffic commissioner for the Scottish Traffic Area is satisfied that the operator of a local service has, without reasonable excuse—
(a)failed to operate a local service registered under section 6 of this Act;
(b)operated a local service in contravention of that section or section 8(4) or 22(1)(b) or (2) of the Transport (Scotland) Act 2001 (asp 2); or
(c)failed to comply with section 32(1) or 34(3) of that Act,
he may make a determination to that effect.”.
(3)In subsection (3), for the words “twenty per cent.” there shall be substituted “ such percentage as the traffic commissioner thinks fit ”.
(4)After subsection (3) there shall be inserted—
“(3A)The percentage determined under subsection (3) above shall be at least one per cent. but not more than twenty per cent.”.
Commencement Information
I1S. 40 wholly in force at 1.7.2001; s. 40 not in force at Royal Assent see s. 84(2); s. 40(1)(3)(4) in force at 1.4.2001 and s. 40(2) in force at 1.7.2001 by S.S.I. 2001/132, art. 2 Sch.
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