Part I

General Provisions Relating to Road Passenger Transport

Provision of service information in Scotland

Provision of service information: extent of permissible disclosure
6ZB
1
An affected authority may disclose information received from an operator under section 6ZA only in accordance with this section.
2
An affected authority may disclose information of the type described in section 6ZA(3)(a)—
a
to an economic operator in connection with an invitation to submit a tender to provide a supported service to replace or supplement the service being varied or cancelled,
b
to another affected authority,
c
to such other persons as may be prescribed.
3
An affected authority may disclose information of the type described in section 6ZA(3)(b)—
a
to an economic operator in connection with an invitation to submit a tender to provide a supported service to replace or supplement the service being varied or cancelled,
b
to another affected authority.
4
Information disclosed under subsection (3)(a) of this section—
a
must be aggregated into an annual figure,
b
must not be disclosed in circumstances where the affected authority have decided to assume the revenue-related risk for the supported service by keeping the revenue obtained by operating the service.
5
An affected authority which receive information under subsection (2)(b) or (3)(b) must not disclose that information to any other person.
6
Where an operator has provided evidence and made a request under section 6ZA(5)(b), the affected authority must—
a
decide whether, on the basis of the evidence submitted, they are satisfied that the disclosure of some or all of the information is likely to cause damage to the commercial interests of the operator, and
b
notify the operator of their decision.
7
The affected authority must not disclose any information which is the subject of a request under section 6ZA(5)(b)—
a
until they have complied with their duties under subsection (6), and
b
where they decide that they are satisfied that disclosure of the information is likely to cause damage to the commercial interests of the operator.
8
An affected authority who, without reasonable excuse, disclose information in contravention of this section commit an offence.
9
An affected authority who commit an offence under subsection (8) are liable on summary conviction to a fine not exceeding level 5 on the standard scale.
10
Where an offence under subsection (8) committed by an affected authority is proved to have been committed with the consent or connivance of, or to be attributable to the neglect on the part of, a person employed by the authority, the person as well as the authority is guilty of the offence and liable to be proceeded against and punished accordingly.
11
In this section—
- “
economic operator
” means any person, public entity or group of persons or entities including any temporary association of undertakings that offers to provide local services on the market,
- “
supported service
” means a service which is subsidised under section 9A(4) of the Transport Act 1968 or, as the case may be, section 63(5) of this Act.
Pt. I (ss. 1-33) modified by S.I. 1984/748, regs. 5(2), 6(2) (as amended by S.I. 1987/1755, reg. 2(2)
Pt. 1(ss. 1-33) modified (11.1.2006) by The Cambridgeshire Guided Busway Order 2005 (S.I. 2005/3523), art. 36 (with art. 52)
Pt. 1 (ss. 1-33) modified (13.12.2006) by The Luton Dunstable Translink Order 2006 (S.I. 2006/3118), art. 37(3)
Ss. 6ZA-6ZC and cross-heading inserted (S.) (28.11.2022) by Transport (Scotland) Act 2019 (asp 17), ss. 39(1), 130(2) (with s. 126); S.S.I. 2022/332, reg. 2, sch.
Ss. 6-9 excluded (S.) (4.12.2023) by 2001 asp 2, s. 13B(1)(a) (as substituted by Transport (Scotland) Act 2019 (asp 17), ss. 38(2), 130(2) (with s. 126); S.S.I. 2023/250, sch.)