The Transport (Scotland) Act 2019 (Consequential Provisions and Modifications) Order 2023

Obligation on relevant operator in receipt of request for relevant information

28.—(1) Subject to paragraphs (2) and (3), a relevant operator must respond to a request for relevant information made in accordance with article 27 within the period which applies by virtue of article 27(2)(a) or (4)(b).

(2) Paragraph (3) applies where a local transport authority make a request for relevant information under article 27 and either—

(a) the operator does not have any or all of the information requested, and is unable to obtain the information at a reasonable cost, or

(b) the operator is unable, by virtue of the prohibition contained in paragraph (7)(b), to respond to the request.

(3) Where this paragraph applies—

(a) the operator must, within 14 days from the date on which the request is received, give notice in writing to the local transport authority that the operator is unable to respond to the request, explaining why it is not possible to provide any or all of the relevant information requested, and

(b) the obligation imposed by virtue of paragraph (1) does not apply to the operator in respect of any of the relevant information in relation to which the operator has given notice under sub-paragraph (a).

(4) If, having received notice under paragraph (3)(a), the local transport authority issue a revised request for relevant information—

(a) this article applies to the revised request as if it had been a request made under article 27, and

(b) the revised request must specify the date by which the relevant operator is to respond to the revised request, which—

(i) must be not less than 21 days from the date on which the revised request is received by the operator, or

(ii) must be, in a case where either of the circumstances described in paragraph (2) applied to the request made under article 27, but the operator failed to inform the authority of that fact within the period specified in paragraph (3)(a), not less than 21 days from the date on which the period specified in paragraph (3)(a) expired.

(5) If a request is made under article 27, the relevant operator must continue to provide revised relevant information about the identity of the appropriate representatives to the local transport authority if that information changes after the response is provided in accordance with paragraph (1).

(6) If paragraph (5) applies, the obligation on the operator to provide revised relevant information continues until that operator receives notice that it is no longer required for the purposes of article 27.

(7) In responding to a request for relevant information made under article 27 a relevant operator—

(a) must take such steps as are reasonable in the circumstances to ensure that the information provided is complete and accurate, and

(b) must not disclose personal data, except to the extent necessary in order to satisfy a request for information about the identity of appropriate representatives.