The Travel Concession Schemes Regulations 1986

9.—(1) Subject to paragraph (6) of this regulation, in relation to each scheme, the authority shall adopt a standard method to be used, subject to regulation 5, in determining—

(a) the total number of the journeys made by persons eligible to receive concessions on the services of operators of eligible services participating in the scheme; and

(b) the fares value to be attributed to those journeys.

(2) The standard method shall provide for the authority to take into account any data supplied by an operator who shows that the method by which such data was derived is more accurate than the standard method.

(3) Where the standard method does not provide for the recording of all such journeys as are mentioned in paragraph (1) of this regulation, that method may provide for—

(a) the calculation of figures for the total number and fares value of those journeys by any means or combination of means which appears to the authority to be reasonable; and

(b) if necessary, the apportionment of that number and fares value between all operators of eligible services participating in the scheme.

(4) Where the amounts of reimbursement payments are estimated or calculated otherwise than by reference to a standard method which provides for the recording of all the journeys mentioned in paragraph (1)(a) of this regulation, the estimates or calculations shall be adjusted if the information upon which they were based is shown to be inaccurate in any material respect.

(5) An authority who have reason to believe that the standard method used by them is inappropriate in relation to any particular operator of eligible services participating in the relevant scheme may, at their own cost and expense, make provision for a more accurate calculation of the total number and fares value of journeys in respect of that operator.

(6) Reimbursement arrangements need not comply with this regulation in any case where the authority and the operator so agree and 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 the 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.