Travel Concession Schemes Regulations 1986
| Jurisdiction | UK Non-devolved |
| Citation | SI 1986/77 |
| Year | 1986 |
1986 No. 77
TRANSPORT
The Travel Concession Schemes Regulations 1986
Made 21th January 1986
Laid before Parliament 24th January 1986
Coming into Operation 14th February 1986
The Secretary of State for Transport (as respects England), the Secretary of State for Scotland (as respects Scotland) and the Secretary of State for Wales (as respects Wales), in exercise of the powers conferred by sections 93(4), 94(1), 96(1) and (5), 97(6), 100(1) and (6), and 134(4) and (5) of the Transport Act 1985, and of all other enabling powers, hereby make the following Regulations:—
PART I
GENERAL
Citation and commencement
1. These Regulations may be cited as the Travel Concession Schemes Regulations 1986 and shall come into operation on 14th February 1986.
Interpretation
2.—(1) In these Regulations—
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(2) References in these Regulations to the date on which a notice is given are, in relation to notices sent by post, references to the date on which the notice is, in accordance with regulation 33(2), deemed to be received at the address to which it is sent.
(3) Any reference in these Regulations to a numbered regulation or Schedule is a reference to the regulation or Schedule bearing that number in these Regulations except where otherwise expressly provided.
(4) Any reference in these Regulations to estimates or calculations made by an authority in relation to reimbursement payments is a reference to estimates or calculations made by the best practical method available to the authority.
PART II
ARRANGEMENTS BETWEEN OPERATORS AND AUTHORITIES
Reimbursement arrangements: general
3. Regulations 4 and 5 apply to the provisions of reimbursement arrangements with respect to participation of all operators in a scheme but subject, in the case of operators of eligible services, to the provisions of regulations 6 to 12.
4. It shall be an objective (but not a duty) of an authority when formulating reimbursement arrangements to provide that operators both individually and in the aggregate are financially no better and no worse off as a result of their participation in the scheme to which the arrangements relate.
5.—(1) Subject to regulations 4 and 12, and to paragraph (2) of this regulation, reimbursement arrangements adopted by an authority shall be so formulated that the costs to operators of providing concessions are met by the payments made by the authority to operators pursuant to section 93(6) of the Act.
(2) In paragraph (1) of this regulation, the reference to the costs to operators of providing concessions is a reference to the aggregate of—
(a)
(a) the revenue by way of fares which the authority calculate that the operator has foregone or estimate that he will forego in consequence of the provision of the concessions in question, less any additional revenue from fares which they estimate he has received or will receive by reason of the availability of the concessions; and
(b)
(b) any costs additional to basic operating costs which the authority calculate that the operator has necessarily incurred or estimate that he will necessarily incur in connection with providing concessions, less any reduction in basic operating costs which they estimate that he has achieved or will achieve by reason of the availability of the concessions.
Reimbursement arrangements: operators of eligible services
6. Regulations 7 to 12 apply to the provisions to be included in reimbursement arrangements with respect to participation of operators of eligible services in a scheme.
7.—(1) Subject to paragraph (2) of this regulation, it shall be an objective (but not a duty) of an authority when formulating reimbursement arrangements for operators of eligible services to provide that such operators receive appropriate reimbursement for providing concessions to the persons eligible to receive those concessions.
(2) In paragraph (1) of this regulation “”
8.—(1) The payment periods and payment days shall be specified in the reimbursement arrangements and—
(a)
(a) payment periods shall not be longer than three months; and
(b)
(b) in relation to each payment period, the payment day shall not be later than the day which is half way between the first and last days of the payment period (and, in ascertaining the payment day, no account shall be taken of half days).
(2) Each reimbursement payment shall not be less than 85% of the amount estimated by the authority to be due to the operator in respect of the relevant payment period.
(3) The balance of each reimbursement payment shall be paid, subject to any adjustments shown to be necessary in the light of information available to the authority pursuant to arrangements giving effect to these Regulations, not later than 3 months after the end of the relevant payment period.
(4) Subject to paragraph (5) of this regulation, if any such balance as is mentioned in paragraph (3) of this regulation is not paid in accordance with that paragraph, provision shall be made for the authority to pay interest (at a rate not less than the lowest rate at which the authority are able to borrow at the time) on the amount for the time being unpaid for the period beginning with the last date on which the balance should have been paid in accordance with paragraph (3) and ending with the date of actual payment.
(5) Interest shall not be payable until a scheme has been in operation for 6 months nor in respect of any period falling wholly or partly within the first 6 months of operation of a scheme.
(6) If the amount of any reimbursement payment made in accordance with paragraph (2) of this regulation in respect of any payment period exceeds the total amount of that payment found to be payable in respect of that period, provision shall be made for the authority to notify the operator in writing accordingly and may thereafter deduct the amount of the excess from the reimbursement payments due to that operator in respect of any subsequent payment period.
(7) If the circumstances described in paragraph (6) of this regulation arise in relation to a person who is no longer an operator, the authority shall notify that person accordingly and, unless he disputes the existence or amount of the excess, that person shall pay the amount of the excess to the authority within 30 days of the date of receipt of the notification.
(8) Provision may be made for any reimbursement payment due in accordance with paragraphs (2) and (3) of this regulation to be made otherwise than in accordance with this regulation in any case where an operator fails to supply information in accordance with reimbursement arrangements giving effect to these Regulations—
(a)
(a) in the case of a payment due in accordance with paragraph (2), in sufficient time to allow the authority to form a reasonable estimate of the amount of the payment; or
(b)
(b) in the case of a payment due in accordance with paragraph (3), in sufficient time to allow the authority to calculate the amount of the payment.
(9) Subject to paragraph (8) of this regulation, provision shall be made for any reimbursement payment or any part of such a payment due to an operator in respect of concessions provided during any period of 12 months commencing on a date specified in the arrangements but not paid to be paid not later than 3 months after the expiry of that period.
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)
(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)
(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)
(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)
(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...
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