The Bus Service Operators Grant (England) Regulations 2002

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Eligibility for grantE+W

3.—(1) A bus service is an eligible bus service for the purposes of section 154 of the Transport Act 2000 (grants to bus service operators) if it is of one of the following classes—

(a)a local service provided or secured—

(i)by a [F1local authority] pursuant to arrangements made under section 509 of the Education Act 1996(1), or

(ii)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;

(b)a local service, other than a service described in paragraph (1)(a) F2... in respect of which the conditions set out in paragraph (3) are satisfied;

(c)a bus service being provided by an operator to whom a permit under section 19 of the Transport Act 1985(2) has been issued and remains in force, and in respect of which the conditions set out in paragraph (4) are satisfied [F3;

F4(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(2) The conditions referred to in paragraph (1)(a) are that—

(a)seats on the vehicle by means of which the service is provided are F5... available to members of the general public and the service is regularly used by such members;

[F6(b)the stopping arrangements are such that—

(i)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 general public, and

(ii)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 general public may take advantage of them with reasonable frequency;]

[F7(c)members of the general 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,

(ca)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 general public wishing to make a single journey which is otherwise provided for in the particulars of registration;]

(d)[F8members of the general 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

(e)arrangements are made which afford members of the general 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)(b) are that—

(a)at least half of the accommodation on the vehicle by means of which the service is provided is F9... available to members of the general public and the service is regularly used by such members;

[F10(b)the stopping arrangements are such that—

(i)all the fixed stopping places (whether marked or otherwise generally recognised) are located where they are likely to be used with reasonable frequency by members of the general public, and

[F11(c)members of the general 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,

(d)[F12members of the general 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;

(e)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; F13...

(f)arrangements are made which afford members of the general public a reasonable opportunity to inform themselves of the existence of the service, times of its operation and the places which it serves;

[F14(g)the service is not a temporary service;

(h)the service is not a London franchised service;

(i)the service is not one in connection with which a special amenity element fare is charged;

(j)the service is not operated primarily for the purposes of tourism or because of the historical interest of the vehicle used to deliver the service;

(k)the service is not a local authority service; and

(l)the service is not a rail replacement service.]

(4) The conditions referred to in paragraph (1)(c) are that the service is used wholly or mainly by—

(a)persons who have attained the age of 60 years;

(b)disabled persons;

(c)persons in receipt of income support under section 124 of the Social Security Contributions and Benefits Act 1992(3)

[F15(ca)persons in receipt of universal credit under Part 1 of the Welfare Reform Act 2012;]

(d)persons in receipt of jobseeker’s allowance under the Jobseekers Act 1995(4);

[F16(dd)persons in receipt of employment and support allowance payable under Part 1 of the Welfare Reform Act 2007;]

(e)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;

(f)persons who believe that it would be unsafe for them to use any public passenger transport services; or

(g)carers or persons under 16 years of age accompanying any of the foregoing.

F17(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Words in reg. 3(1)(a)(i) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) (Local and Subordinate Legislation) Order 2010 (S.I. 2010/1172), art. 1(1), Sch. 3 para. 43

F2Words in reg. 3(1)(b) omitted (23.2.2004) by virtue of The Bus Service Operators Grant (Amendment) (England) Regulations 2004 (S.I. 2004/9), regs. 1(1), 4(2)

F3Reg. 3(1)(d) inserted (1.5.2003) by The Bus Service Operators Grant (Amendment) (England) Regulations 2003 (S.I. 2003/1036), regs. 1(1), 4(2)

F4Reg. 3(1)(d) omitted (1.11.2011) by virtue of The Bus Service Operators Grant (England) (Amendment) Regulations 2011 (S.I. 2011/2448), regs. 1(1), 2(3)(a)

F5Word in reg. 3(2)(a) deleted (1.10.2013) by The Bus Service Operators Grant (England) (Amendment) Regulations 2013 (S.I. 2013/2100), regs. 1(2), 2(3)

F6Reg. 3(2)(b) substituted (23.2.2004) by The Bus Service Operators Grant (Amendment) (England) Regulations 2004 (S.I. 2004/9), regs. 1(1), 4(3)

F7Reg. 3(2)(c)(ca) substituted for reg. 3(2)(c) (23.2.2004) by The Bus Service Operators Grant (Amendment) (England) Regulations 2004 (S.I. 2004/9), regs. 1(1), 4(4)

F8Words in reg. 3(2)(d) substituted (23.2.2004) by The Bus Service Operators Grant (Amendment) (England) Regulations 2004 (S.I. 2004/9), regs. 1(1), 4(5)