3.—(1) A local service is a qualifying local service for the purposes of these Regulations if it —
(a)has one or more stopping places in the relevant area; and
(b)is not an excluded local service.
(2) In this regulation, an “excluded local service” means—
(a)a service or any part of a service provided under arrangements made under sections 89(1) to 91 of the 1985 Act in any case where the authority retains all the revenue from that service;
(b)a service which is registered as a local service under section 6 of the 1985 Act but which would otherwise be an excursion or tour within the meaning in section 137(1) of that Act;
(c)a service in respect of which a community bus permit has been granted under section 22 of the 1985 Act(2); or
(d)a service which is a local service for 10% or less of the overall distance covered by the service.
Sections 89 to 91 deal with an authority’s obligation to invite tenders for subsidised services. Section 89 is amended by Schedule 1 to the Statute Law Repeals Act 1995 (c.44), section 10 of the Local Transport Act 2008, section 152 to, and Schedule 31 to, the Transport Act 2000 and section 60 of the Local Government in Scotland Act 2003 (asp 1). Section 90 is amended by section 70 of the Local Transport Act 2008, section 152 of the Transport Act 2000 and section 60 of the Local Government in Scotland Act 2003.
Section 22 is amended by Schedule 7 to the Local Transport Act 2008 and by S.I. 2013/1644.
