The Travel Concession Schemes Regulations 1986

Reimbursement arrangements: further provisions

13.  Regulations 14 to 21 apply to the provisions that are to be or (as the case may be) may or may not be included in reimbursement arrangements with respect to participation of operators of eligible services in a scheme.

14.  Any information supplied by an operator to an authority pursuant to arrangements giving effect to this regulation and regulations 15 to 21 may only be used for and in connection with the calculation of reimbursement payments and such information shall not be disclosed by the authority except—

(a) with the consent in writing of the operator; or

(b) to the extent to which the information in question has become public knowledge otherwise than by the act or omission of the authority.

15.  Information may not be required on any of the following subjects—

(a) the cost to the operator of providing any service or services on which concessions are available;

(b) the total turnover of the business, or of any part of the business, of an operator; and

(c) the annual rate or amount of the profit or loss of that business, or of any part of it.

16.—(1) This regulation applies to information on or concerning the following subjects—

(a) the total number of passengers of all descriptions carried by an operator on services on which concessions are at any time available; and

(b) the amount of the fares received by the operator from such passengers.

(2) Subject to paragraph (3) of this regulation, an operator may only be required to supply information to which this regulation applies in relation to all the services which he provides and on which concessions are available.

(3) Where in pursuance of regulation 11(1) arrangements provide for the division of the area covered by a scheme into different parts, an operator may be required to supply information to which this regulation applies in relation to each part, but not if this will require him to disclose the numbers of passengers carried on any particular service or group of services provided by him or (as the case may be) the amount of the fares received by him from those passengers.

(4) Provision may be made, in any case where information to which this regulation applies is supplied in accordance with arrangements giving effect to this regulation, for the information to be accompanied by a certificate of its accuracy and completeness given by a responsible person.

(5) In paragraph (4) of this regulation “responsible person” means a person who is a member of one or more of the following bodies—

(a) the Institute of Chartered Accountants in England and Wales;

(b) the Institute of Chartered Accountants of Scotland;

(c) the Chartered Association of Certified Accountants.

17.—(1) This regulation applies to operators of eligible services in respect of whom any one of the following conditions are satisfied—

(a) the vehicles normally used by him in providing services on which concessions are available have 8 or less seats available for fare-paying passengers;

(b) the mileage run by such vehicles is less than 150,000 miles per annum within the area covered by the scheme during times at which concessions are available;

(c) except during the first 3 months of operation of a scheme, there has not expired a period of 3 months commencing with the date on which the operator is admitted to participation in the scheme in respect of a service or (if appropriate) becomes subject to the obligation imposed by a participation notice to provide concessions on a service.

(2) Without prejudice to regulation 9(6), an operator to whom this regulation applies may not be required to supply any information to which regulation 16 applies.

18.—(1) Subject to paragraph (2) of this regulation, information on any subject except that mentioned in regulation 16(1)(b) may not be required to be supplied more frequently than once in every 28 days nor in respect of periods of less than 28 days.

(2) Information on the subject mentioned in regulation 16(1)(b) may not be required to be supplied more frequently than once in every 3 months nor in respect of periods of less than 3 months.

19.  An authority may require an operator to allow their officers, servants or agents to have access with reasonable frequency to (including the right to travel free of charge on) the vehicles of the operator on which concessions are available for the purpose of—

(a) surveying or counting or estimating the number of passengers (whether generally or of any particular description) and the fares paid by those passengers; and

(b) obtaining information on other matte rs relating to the journeys made by passengers who are eligible to receive concessions and necessary to the calculation by the authority of reimbursement payments.