C6C8C9C10C11C12C13C14C15C16C17C19 Part V Financial Provisions

Annotations:
Modifications etc. (not altering text)
C6

Pt. 5 (except ss. 110, 111): transfer of functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

C11

Pt. 5: delegation of functions (E.W.) (1.4.2016) by The Tees Valley Combined Authority Order 2016 (S.I. 2016/449), arts. 1(a), 6(a)

C12

Pt. 5: functions made exercisable (E.W.) (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 8

Travel concession schemes

C1C2E1C18C1993C19 Travel concession schemes.

1

Any local authority, or any two or more local authorities acting jointly, may establish a travel concession scheme for the provision of travel concessions on journeys on public passenger transport services—

a

between places in the principal area covered by the scheme;

b

between such places and places outside but in the vicinity of that area; or

c

between places outside but in the vicinity of that area;

by operators of such services participating in the scheme.

2

For the purposes of this section, the principal area covered by a scheme under this section is—

a

the area of the local authority concerned or, where two or more such authorities are concerned, the area comprising the areas of both or all those authorities; or

b

if an area comprised within the area which would be the principal area under paragraph (a) above is specified in the scheme as being the principal area to which the scheme applies, the area so specified.

3

Any travel concession scheme established under this section shall define—

a

the travel concessions which are for the time being to be provided by operators participating in the scheme;

b

the description of persons eligible in accordance with subsection (7) below to receive travel concessions under any such scheme who are for the time being to qualify for travel concessions provided under the scheme; and

c

the dates in any year currently adopted as the dates on which operators may be admitted to participate in the scheme under section 96 of this Act (referred to below in this section as the standard admission dates);

and may include particulars of any other arrangements for the time being adopted by the authority or authorities concerned in establishing the scheme with respect to the operation, scope and application of the scheme.

4

Any such scheme may define the standard admission dates by specifying particular dates, or by referring to dates of any specified description or separated by intervals of any specified length; but those dates, however determined, must not be separated by intervals of a length exceeding such period as may be prescribed.

5

Arrangements adopted by the authority or authorities concerned in establishing any such scheme with respect to the operation, scope and application of the scheme (including the matters specifically mentioned in paragraphs (a) to (c) of subsection (3) above) may differ for different descriptions of concessions or services to which the scheme applies.

6

Subject to section 94 of this Act, where an operator participating in any such scheme in respect of any services operated by him provides travel concessions in accordance with the scheme for persons travelling on those services, the authority responsible for administration of the scheme or (as the case may be) the authorities so responsible in such proportions respectively as they may agree among themselves shall reimburse that operator for providing those concessions.

7

The persons eligible to receive travel concessions under any such scheme are—

C3C7F1a

persons who have attained the age of sixty years;

b

persons whose age does not exceed sixteen years;

c

persons whose age exceeds sixteen years but does not exceed eighteen years and who are undergoing full-time education;

F2d

persons who are blind;

e

persons who are partially sighted;

ea

persons who are deaf;

eb

persons who are without speech;

ec

persons who have a disability, or have suffered an injury, which has a substantial and long-term adverse effect on their ability to walk;

ed

persons who do not have arms or have long-term loss of the use of both arms;

ee

persons who have a learning disability, that is, a state of arrested or incomplete development of mind which includes significant impairment of intelligence and social functioning;

ef

persons who, if they applied for the grant of a licence to drive a motor vehicle under Part III of the M1Road Traffic Act 1988, would have their applications refused pursuant to section 92 of that Act (physical fitness) otherwise than on the ground of persistent misuse of drugs or alcohol;

eg

any person travelling as the companion of a person who—

i

is eligible to receive travel concessions by virtue of any other paragraph of this subsection; and

ii

requires the assistance of a companion in order to travel on journeys on public passenger transport services;

f

such other classes of persons as the Secretary of State may by order specify.

8

In this section “local authority”—

a

means

F11i

a county council in England,

ii

a council of a non-metropolitan district in England comprised in an area for which there is no county council,

iii

the council of a county or district in F12... Wales or

F13iv

a regional or islands council in Scotland; and

b

includes also, in relation to England and Wales, F8an Integrated Transport Authority for an integrated transport area F16, a combined authority and a combined county authority.

9

Unless the context otherwise requires, references in this section and in the provisions of this Part of this Act relating to schemes under this section to the authority or authorities responsible for administration of a scheme under this section are references—

a

except in a case to which paragraph (b) below applies, to the authority concerned in establishing the scheme or, where two or more authorities are so concerned, to both or all those authorities acting jointly; or

b

in relation to England and Wales, a metropolitan county passenger transport authority where the authority or one of the authorities concerned in establishing the scheme are F9an Integrated Transport Authority for an integrated transport area in England and Wales, to the Passenger Transport Executive for that Authority’s area or (as the case may require) to that Executive and the other authority or authorities so concerned acting jointly; or

10

Where F10an Integrated Transport Authority or a Passenger Transport Authority have established a scheme under this section, whether alone or jointly with any other authority or authorities, they shall notify the Passenger Transport Executive for their area of any proposal to vary the scheme, giving particulars of the proposed variation.

C4C5E2C1893 Travel concession schemes.

1

Any local authority, or any two or more local authorities acting jointly, may establish a travel concession scheme for the provision of travel concessions on journeys on public passenger transport services—

a

between places in the principal area covered by the scheme;

b

between such places and places outside but in the vicinity of that area; or

c

between places outside but in the vicinity of that area;

by operators of such services participating in the scheme.

2

For the purposes of this section, the principal area covered by a scheme under this section is—

a

the area of the local authority concerned or, where two or more such authorities are concerned, the area comprising the areas of both or all those authorities; or

b

if an area comprised within the area which would be the principal area under paragraph (a) above is specified in the scheme as being the principal area to which the scheme applies, the area so specified.

3

Any travel concession scheme established under this section shall define—

a

the travel concessions which are for the time being to be provided by operators participating in the scheme;

b

the description of persons eligible in accordance with subsection (7) below to receive travel concessions under any such scheme who are for the time being to qualify for travel concessions provided under the scheme; and

c

the dates in any year currently adopted as the dates on which operators may be admitted to participate in the scheme under section 96 of this Act (referred to below in this section as the standard admission dates);

and may include particulars of any other arrangements for the time being adopted by the authority or authorities concerned in establishing the scheme with respect to the operation, scope and application of the scheme.

4

Any such scheme may define the standard admission dates by specifying particular dates, or by referring to dates of any specified description or separated by intervals of any specified length; but those dates, however determined, must not be separated by intervals of a length exceeding such period as may be prescribed.

5

Arrangements adopted by the authority or authorities concerned in establishing any such scheme with respect to the operation, scope and application of the scheme (including the matters specifically mentioned in paragraphs (a) to (c) of subsection (3) above) may differ for different descriptions of concessions or services to which the scheme applies.

6

Subject to section 94 of this Act, where an operator participating in any such scheme in respect of any services operated by him provides travel concessions in accordance with the scheme for persons travelling on those services, the authority responsible for administration of the scheme or (as the case may be) the authorities so responsible in such proportions respectively as they may agree among themselves shall reimburse that operator for providing those concessions.

7

The persons eligible to receive travel concessions under any such scheme are—

F3a

persons who have attained the age of 60 years;

b

persons whose age does not exceed sixteen years;

c

persons whose age exceeds sixteen years but does not exceed eighteen years and who are undergoing full-time education;

d

blind persons, that is to say, persons so blind as to be unable to perform any work for which sight is essential;

e

persons suffering from any disability or injury which, in the opinion of the authority or any of the authorities responsible for administration of the scheme, seriously impairs their ability to walk; and

f

such other classes of persons as the Secretary of State may by order specify.

F157A

Not later than 12 months after the Transport (Scotland) Act 2019 receives Royal Assent, the Scottish Ministers must publish a report setting out their assessment of the costs and benefits of extending travel concession schemes established under this section to—

a

community bus services within the meaning of section 22(1) of this Act, and

b

such other transport services as the Scottish Ministers consider appropriate.

7B

In preparing a report under subsection (7A), the Scottish Ministers must consult—

a

each local authority,

b

each regional transport partnership,

c

such persons as the Scottish Ministers consider to be representative of community transport users.

7C

A report under subsection (7A)—

a

may be published in such format as the Scottish Ministers consider appropriate, and

b

must be laid before the Scottish Parliament.

8

In this section “local authority”—

a

means the council of a county or district in England and Wales or a F14... council in Scotland; and

b

includes also F4—

i

in relation to England and Wales, a metropolitan county passenger transport authority F5; and

ii

in relation to Scotland, Strathclyde Passenger Transport Authority

9

Unless the context otherwise requires, references in this section and in the provisions of this Part of this Act relating to schemes under this section to the authority or authorities responsible for administration of a scheme under this section are references—

a

except in a case to which paragraph (b) F6or (c) below applies, to the authority concerned in establishing the scheme or, where two or more authorities are so concerned, to both or all those authorities acting jointly; or

b

in relation to England and Wales, a metropolitan county passenger transport authority where the authority or one of the authorities concerned in establishing the scheme are a Passenger Transport Authority for a passenger transport area in England and Wales, to the Passenger Transport Executive for that Authority’s area or (as the case may require) to that Executive and the other authority or authorities so concerned acting jointly F7; or

c

where the authority or one of the authorities concerned in establishing the scheme are Strathclyde Passenger Transport Authority, to Strathclyde Passenger Transport Executive or (as the case may require) to that Executive and the other authority or authorities so concerned acting jointly.

10

Where a Passenger Transport Authority have established a scheme under this section, whether alone or jointly with any other authority or authorities, they shall notify the Passenger Transport Executive for their area of any proposal to vary the scheme, giving particulars of the proposed variation.