The South Yorkshire Passenger Transport Area (Establishment of Executive) Order 1973

Travel concessions

12.—(1) Where immediately before 1st April 1974 there are in operation arrangements made by an operating authority for the granting of travel concessions under the Travel Concessions Acts 1955 and 1964(1) to any category of qualified persons travelling on the public service vehicles of the transferred undertaking on any of the routes to which those vehicles then run, then, notwithstanding the provisions of this Order and notwithstanding the transfer of that undertaking to the Executive, on and after 1st April 1974—

(a) the successor authority shall have power under those Acts to defray out of their general rate fund, and

(b) any other local authority shall have power under section 138(2) of the Act of 1968 to contribute to,

the cost of such travel concessions to that category of qualified persons travelling on the public service vehicles of the Executive on that route.

(2) For the purpose of such travel concessions as are mentioned in paragraph (1) above, on and after 1st April 1974—

(a) the Travel Concessions Acts 1955 and 1964 shall have effect in relation to the successor authority as if—

(i) the successor authority were operating a public service vehicle undertaking and the public service vehicles of the Executive running on the route in question were being run by the successor authority,

(ii) any reference in those Acts to arrangements for granting travel concessions included a reference to arrangements with the Executive for the grant by the Executive of travel concessions and any reference in those Act to the grant of travel concessions by a local authority included a reference to the grant of travel concessions by the Executive in pursuance of such arrangements, and

(iii) the reference in section 1(5) of the Public Service Vehicles (Travel Concessions) Act 1955 to transferring sums to the credit of the local authority's transport undertaking included a reference to paying such sums to the Executive, and

(b) section 138(2) of the Act of 1968 shall have effect in relation to any other local authority, and section 1(7) of the Public Service Vehicles (Travel Concessions) Act 1955 shall have effect in relation to the Executive, as if the Executive were a local authority.

(3) Any such arrangements as are referred to in paragraph (1) above which are in operation immediately before 1st April 1974 as respects a transferred undertaking shall have effect on that date as an agreement between the successor authority and the Executive whereby, until 31st March 1975 or such earlier date as the successor authority and the Executive otherwise agree, the Executive are required to grant the travel concessions to the category or categories of qualified persons travelling on the Executive's public service vehicles running on the route or routes to which the said arrangements relate and the successor authority are required to pay to the Executive in respect of the cost of those concessions the sum which would have fallen to the borne by the successor authority's general rate fund if the transferred undertaking had not been transferred to the Executive but had vested in the successor authority and if that authority had resolved to defray the cost of those concessions in the same manner and on the same basis as the operating authority were defraying them during the period between 1st April 1973 and 1st April 1974.

(4) Nothing in this Article shall entitle a successor authority to defray out of their general rate fund, or any other local authority to contribute to, the cost of travel concessions by the Executive to other categories of qualified persons, or as respects other routes, than those to which the arrangements which are referred to in paragraph (1) above relate, but this paragraph shall be without prejudice to section 138(1) of the Act of 1968.

(5) In this Article the expressions “local authority” “public service vehicle”, “qualified persons” and “travel concessions” have the same meaning as in the Travel Concessions Acts 1955 and 1964.

(1)

1955 c. 26; 1964 c. 95.