Find some way of exempting operators who only operate 50 days from the extra charges?
The Jacobite operates from approximately the Scottish Easter Holidays to the English October holidays. So that's potentially first Monday in April to first Friday in November - depending on how they fall. So that's 7 months.
Make the exemption 7 months to fit in with the Jacobite, and the obvious things (as an example) to do is create two OA companies.
Motherwell Trains Limited (Summer Timetable)
Milton Keynes Trains Limited (Winter Timetable)
Then a few more.
M Trains ticketing Limited
M Trains leasing Limited
M Trains staffing Limited
The customer just sees the seamless front end service and doesn't care that it's a special arrangement in line with legislation.
For every rule that local or national government create, there's a whole team of lawyers, accountants and so forth ready and willing to work to those rules.
This in turn means the civil service (and in other circumstances local Government) need to recruit lots of people and external lawyers and consultants to understand how the corporate organisations have interpreted the law.
To be honest, I think there's a lot more that the Government should be focussing on delivery with the services they are responsible for without trying to shut down private services or move a £Bn of leasing liabilities from the private sector to the state's books to run them themselves.