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5.—(1) Subject to sub-paragraph (2), an eligible person must satisfy the Department that—
(a)for the duration of the eligible period they—
(i)have suffered a significant adverse impact on income arising from the loss of business;
(ii)had as the main purpose of their business the carriage of passengers and their luggage for reward by road; and
(iii)held a bus operator’s licence; and
(b)at the time of any decision pursuant to paragraph 7(2)(a) they—
(i)hold a bus operator’s licence; and
(ii)have as the main purpose of their business the carriage of passengers and their luggage for reward by road.
(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(1); or
(c)any person who has received, or is due to receive, funding from the Department under the Transport Act (Northern Ireland) 2011(2) in the period beginning on 6th April 2021 and ending on 5th April 2022.
(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; or
(b)where there is eligible income for only one of the reference periods, that amount.
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