The National Bus Travel Concession Scheme for Older and Disabled Persons (Eligible Persons and Eligible Services) (Scotland) Order 2006

Eligible services

5.—(1) Subject to paragraph (2), a service is an eligible service for the purposes of the Scheme if it is a service which operates wholly within Scotland or a Northern England service and in either case is either–

(a) a local registered service in terms of section 2 of the Transport Act 1985; or

(b) a service not falling within sub-paragraph (a) that meets all of the following conditions–

(i) a scheduled bus or coach service which runs at least once per week for a period of not less than six weeks;

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

(iii) arrangements are made which afford members of the general public a reasonable opportunity to become aware of the existence of the service, times of its operation and the places which it serves.

(2) A service is not an eligible service if it falls within one of the following classes–

(a) services which operate through the night at a premium fare;

(b) excursions, tours or group hire of coaches;

(c) any service where fares currently charged by the operator of that service include a special amenity element; or

(d) services which are difficult to align with routine services and fare structures.

(3) For the purposes of article 5(2)(c) fares are to be regarded as including a special amenity element if they are significantly high in relation to the general level of fares for comparable journeys.