(1)  This regulation applies where  –

(a) a withdrawal of, or reduction in, Commission funding support for an authorised service during the transitional period renders the service unprofitable and results in the cessation of the service; and

(b) the withdrawal of, or reduction in, funding support was not due to –

(i) an act or omission of the transport operator; or

(ii) the termination of an interim service contract between the transport operator and the Commission pursuant to regulation 11 .

(2)  In a case to which this regulation applies, the transport operator is entitled to a one-off payment of compensation from the Commission of  –

(a) an amount equal to the gross revenue that the transport operator could reasonably have been expected to receive for providing the authorised service in the 12 month period immediately following its cessation had funding support for the service not been withdrawn or reduced; or

(b) such lesser amount as the Minister, having regard to any relevant circumstances, may approve after consulting the transport operator.

(3)  For the purposes of this regulation, the responsibility for demonstrating that a withdrawal or reduction of funding support rendered a service unprofitable and resulted in the cessation of the service lies with the transport operator.