Reimbursement of operators

12.—(1) It is to be an objective (but not a duty) of the Scottish Ministers to provide that operators are financially no better and no worse off as a result of their participation in the Scheme, taking account of the costs (including a reasonable profit) of a well-run undertaking that is adequately equipped with the means to provide the eligible service.

(2) Reimbursement of operators shall be calculated on a basis that takes account of the adult single fare for each eligible journey on an eligible service made by an eligible person within the capped level of funding specified for the financial year as contained in the agreement between the Scottish Ministers and an association representative of the passenger transport industry dated 27th October 2004(1).

(3) The value of the adult single fare to be used for reimbursement calculations shall be the value set by the operator for the purposes of reimbursement under the Scheme and as agreed with the Scottish Ministers for the eligible journey concerned.

(4) In agreeing the value of the adult single fare the operator and the Scottish Ministers shall have regard to the value specified in the operator’s fare table.

(5) Any dispute between the Scottish Ministers and an operator as to the value of the adult single fare to be used for reimbursement calculations shall be determined by an assessment panel comprising 3 members appointed by agreement between the operator and the Scottish Ministers.

(6) The assessment panel may either accept or reject the value of the adult single fare and shall provide reasons for their determination.

(7) The assessment panel shall send a copy of their determination to the operator and to the Scottish Ministers.

(1)

This refers to the outline agreement between the Scottish Ministers and the Confederation of Passenger Transport relating to the Unrestricted National Free Bus Scheme for Older and Disabled People dated 27th October 2004. A copy of this is available for inspection on the Transport Scotland website at www.transportscotland.gov.uk/defaultpage1221cde0.aspx?pageID=40.