Part 2

Bus services

Financial and competition provisions

Repayment of grants towards bus fuel duty
40
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.
.
S. 40 wholly in force at 1.7.2001; s. 40 not in force at Royal Assent see s. 84(2); s. 40(1)(3)(4) in force at 1.4.2001 and s. 40(2) in force at 1.7.2001 by S.S.I. 2001/132, art. 2 Sch.