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The Secretary of State for Transport, Local Government and the Regions, in exercise of the powers conferred upon him by section 154(5) of the Transport Act 2000[1] hereby makes the following Regulations: Citation, commencement and extent 1. - (1) These Regulations may be cited as the Bus Service Operators Grant (England) Regulations 2002 and shall come into force on 1st May 2002. (2) These Regulations extend to England only. Interpretation 2. In these Regulations -
Eligibility for grant
(ii) for persons who have attained the age of sixty years or disabled persons,
and in respect of which the conditions set out in paragraph (2) are satisfied;
(2) The conditions referred to in paragraph (1)(a) are that -
(b) the stopping places (other than those to or from which the service is mainly provided) are situated at locations where they are likely to be used with reasonable frequency by members of the general public; (c) such members are able to make a single journey between any two stopping places upon payment of a fare which is not a deliberate deterrent to their use of the service; (d) such members are able to pay the fare at a place and in a manner which are not a deliberate deterrent to their use of the service; and (e) arrangements are made which afford members of the general public a reasonable opportunity to inform themselves of the existence of the service, the times of its operation, and the places which it serves.
(3) The conditions referred to in paragraph (1)(b) are that -
(b) the stopping places are situated at locations where they are likely to be used with reasonable frequency by members of the general public; (c) such members are able to make a single journey between any two stopping places upon payment of a fare which is not a deliberate deterrent to their use of the service; (d) such members are able to pay the fare at a place and in a manner which are not a deliberate deterrent to their use of the service; (e) there is not displayed on the vehicle by means of which the service is provided any sign or description intended or likely to convey the impression that the service is only available to a particular category of person; and (f) arrangements are made which afford members of the general public a reasonable opportunity to inform themselves of the existence of the service, times of its operation and the places which it serves.
(4) The conditions referred to in paragraph (1)(c) are that the service is used wholly or mainly by -
(b) disabled persons; (c) persons in receipt of income support under section 124 of the Social Security Contributions and Benefits Act 1992[6] (d) persons in receipt of jobseeker's allowance under the Jobseekers Act 1995[7]; (e) persons suffering a degree of social exclusion by virtue of unemployment, poverty or other economic factors, homelessness, geographical remoteness, ill health, or religious or cultural mores; (f) persons who believe that it would be unsafe for them to use any public passenger transport services; or (g) carers or persons under 16 years of age accompanying any of the foregoing.
(This note is not part of the Regulations) These regulations describe the "eligible bus services" for the purposes of section 154 of the Transport Act 2000 ("the 2000 Act"). Under that section grants may be made to operators of eligible bus services towards their costs in operating the service. These Regulations re-enact the previous eligibility rules for fuel duty rebates under section 92 of the Finance Act 1965, which is superseded by section 154 of the 2000 Act. But these Regulations (regulation 3(1)(c) and (4)) extend eligibility to services provided by a range of non-profit making community transport bodies whose services do not follow a fixed route or timetable and are for use by particular categories of passengers, rather than the general public. Notes: [1] 2000 c. 38.back
ISBN 0 11 039749 5
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