Transport (Scotland) Act 2001

40 Repayment of grants towards bus fuel duty

(1) Section 111 of the 1985 Act (unregistered and unreliable local services: requirement to repay twenty per cent. of bus fuel duty grants) shall be amended as follows (until the coming into force of section 38(6) of this Act).

(2) For subsection (1) there shall be substituted—

“(1) Where the traffic commissioner for the Scottish 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 8(4) or 22(1)(b) or (2) of the Transport (Scotland) Act 2001 (asp 2); or

(c) failed to comply with section 32(1) or 34(3) of that Act,

he may make a determination to that effect.”.

(3) In subsection (3), for the words “twenty per cent.” there shall be substituted “such percentage as the traffic commissioner thinks fit”.

(4) After subsection (3) there shall be inserted—

“(3A) The percentage determined under subsection (3) above shall be at least one per cent. but not more than twenty per cent.”.