C2Part V Financial Provisions
Miscellaneous and supplementary
F1110 Grants towards duty charged on bus fuel.
1
In section 92(1) of the M1Finance Act 1965 (grants to operators of bus services towards duty charged on bus fuel)—
a
the words “any bus service” shall be omitted; and
b
there shall be inserted at the end the words—
a bus service which is of a description specified for the purposes of this section and which meets any conditions which may be specified in relation to that description of service.
2
For subsection (8) of that section there shall be substituted the following subsections—
8
In this section—
“bus service” means a local service within the meaning of the Transport Act 1985 other than an excursion or tour within the meaning of that Act, being a service which is either—
a
registered under Part I of that Act; or
b
provided under a London local service licence granted under Part II of that Act or exempt by virtue of section 36 of that Act (London bus services under control of London Regional Transport) from the requirement of a London local service licence;
“operator” has the same meaning, in relation to a bus service, as in that Act; and
“specified” means specified in regulations made by the Secretary of State by statutory instrument.
8A
Any statutory instrument containing regulations made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
F3E2C3111 Unregistered and unreliable local services; reduction of fuel duty grant.
F41
Where the traffic commissioner for any 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 118(4) or 129(1)(b) of the Transport Act 2000; or
c
failed to comply with section 138 or 140(3) of that Act;
he may make a determination to that effect.
F52
If any amount has been paid to the operator by way of grant under section 92 of the M3Finance Act 1965 (grants towards duty charged on bus fuel) in respect of any services operated during the period of three months ending with the day on which the determination under subsection (1) above is made, there is due from the operator—
a
to the Secretary of State (as respects England); or
b
to the National Assembly for Wales (as respects Wales),
such percentage of that amount as the traffic commissioner thinks fit in all the circumstances of the case.
3
The percentage determined shall be at least one per cent. but not more than twenty per cent.
4
A traffic commissioner who makes a determination under this section shall at once give notice in writing to—
a
the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales); and
b
the operator;
and the operator may appeal to the Transport Tribunal against the determination.
5
E1111 Unregistered and unreliable local services; reduction of fuel duty grant.
F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C1112 Interpretation of Part V.
1
In this Part of this Act—
a
references to authorities responsible for expenditure on public passenger transport services shall be read in accordance with section 88(8) of this Act;
b
references to service subsidies are references to the payments that fall to be made by any such authority under any agreement providing for service subsidies;
c
references to the current reimbursement arrangements for eligible service operators participating in any scheme under section 93 of this Act shall be read in accordance with section 94(5) of this Act;
d
references to a participation notice shall be read in accordance with section 97(2) of this Act;
e
references to securing the provision of a service include references to securing the provision of a service by way of continuance of an existing service, and references in any other context to the provision of a service are to be read consistently with that; and
f
“travel concession” means the reduction or waiver of a fare either absolutely or subject to terms, limitations or conditions.
F22
For the purposes of this Part of this Act, a service is a service qualifying for fuel duty grant at any time when fuel used in operating the service falls to be taken into account for the purpose of calculating grant payable to the operator of the service under section 92 of the M2Finance Act 1965 (grants to operators of bus services towards duty charged on bus fuel).
Part 5(except ss. 110, 111): transfer of functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1