Part IV Transport
C5Chapter VIII Travel Concessions
240C7C5 Travel concessions on journeys in and around Greater London.
C11
Subject to subsection (3) below, any local authority, or any two or more local authorities acting jointly, may enter into arrangements with Transport for London under which—
a
Transport for London grants, or arranges with some other person for that other person to grant, such travel concessions as may be provided for by the arrangements to F1such of the persons eligible to receive them in accordance with subsection (5) below as are specified in the arrangements; and
b
that local authority reimburses (or, as the case may be, those local authorities in such proportions respectively as they may agree amongst themselves reimburse) the cost incurred in granting those concessions.
2
Subject to subsection (3) below, any London authority, or any two or more London authorities acting jointly, may enter into, with any independent transport service operator or with the F12 Secretary of State , arrangements under which—
a
b
that authority reimburses (or, as the case may be, those authorities in such proportions respectively as they may agree among themselves reimburse) the cost incurred in granting those concessions.
3
The concessions that may be provided for by any arrangements under subsection (1) or (2) above are concessions on journeys—
a
between places in Greater London;
b
between such places and places outside but in the vicinity of Greater London; or
c
between places outside but in the vicinity of Greater London.
4
Any arrangements entered into by a local authority under subsection (1) or (2) above may include provision for the performance of functions in connection with the travel concessions in question by the local authority or local authorities concerned.
5
The persons eligible to receive travel concessions under arrangements made under subsection (1) or (2) above F3by an authority are
F15a
persons appearing to the authority to have their sole or principal residence in the authority's area and to be persons—
F16i
who have attained pensionable age (within the meaning given by the rules in paragraph 1 of Schedule 4 to the M1Pensions Act 1995);
F16ii
who are blind;
F16iii
who are partially sighted;
F16iv
who are profoundly or severely deaf;
F16v
who are without speech;
F16vi
who have a disability, or have suffered an injury, which has a substantial and long-term adverse effect on their ability to walk;
F16vii
who do not have arms or have long-term loss of the use of both arms;
F16viii
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; or
F16ix
b
persons to whom a current statutory travel concession permit has been issued under section 145A(4) of the Transport Act 2000.
F45A
The Secretary of State may issue guidance to local authorities to which they must have regard in determining whether a person falls within subsection F18 (5)(a)(ii) to (ix) above.
5B
Before issuing guidance under subsection (5A) above the Secretary of State shall consult—
a
the Disabled Persons Transport Advisory Committee;
b
associations representative of local authorities; and
c
such other persons as he thinks fit.
F195C
The Secretary of State may issue guidance to local authorities to which they must have regard in determining for the purposes of this Chapter whether a person has his sole or principal residence in an authority's area.
6
In subsection (2) above independent transport service operator means any person, other than a person to whom subsection (7) below applies, operating—
a
a public service vehicle undertaking (public service vehicle for this purpose having the meaning given by section 1 of the M3Public Passenger Vehicles Act 1981);
b
a system using guided transport within the meaning of subsection (1) of section 67 of the M4Transport and Works Act 1992;
c
a railway within the meaning of that subsection;
d
a tramway within the meaning of that subsection;
e
a trolley vehicle system within the meaning of that subsection; or
f
an undertaking providing public passenger transport services on the river Thames or a tributary of the river Thames between places in Greater London or between places in Greater London and places outside Greater London.
C27
This subsection applies to—
a
Transport for London or any of its subsidiaries;
b
the F13 Secretary of State ; and
c
any person providing public passenger transport services in pursuance of an agreement entered into by Transport for London by virtue of section 156(2) or (3)(a) above or in pursuance of a transport subsidiary’s agreement.
8
In this Chapter—
F5. . .
local authority means the council of a county or district and any London authority;
London authority means any London borough council and the Common Council; and
travel concession means the reduction or waiver of a fare or charge either absolutely or subject to terms, limitations or conditions.
9
For the purposes of this Chapter a reference to an agreement entered into by Transport for London under section 156(2) or (3) above includes a reference to an agreement—
a
which was entered into by London Regional Transport under section 3(2) or (2A) of the M5London Regional Transport Act 1984, and
b
which by virtue of section 300 or 415 below has effect as if made by Transport for London.
C5241C5 Reserve free travel scheme F25....
1
If immediately before 1st January in any financial year it appears to Transport for London that there are not for the time being in force arrangements under section 240(1) above for travel concessions F20... which—
a
meet the requirements of section 242 below as to scope,
b
meet the requirements of section 243 below as to uniformity, and
c
will apply throughout the next following financial year,
C32
Where individual arrangements under section 240(1) above made between a particular local authority or local authorities and Transport for London apply to F22 certain eligible England residents or certain eligible London residents only, all arrangements so made shall be considered together for the purpose of determining whether the requirements of sections 242 and 243 below are satisfied.
3
In any financial year during which the free travel scheme has effect it shall be the duty of Transport for London to provide or secure the provision of the travel concessions for F23 eligible England residents and the additional travel concessions for eligible London residents required by the free travel scheme.
F244
In this Chapter—
“eligible England residents” means—
- a
persons to whom a current statutory travel concession permit has been issued under section 145A(4) of the Transport Act 2000, and
- b
eligible London residents;
- a
“eligible London residents” means persons whose sole or principal residence is in Greater London and who are eligible in accordance with section 240(5)(a) above to receive travel concessions under arrangements under subsection (1) of that section.
5
Schedule 16 to this Act (which makes further provision relating to the free travel scheme) shall have effect.
C6242 Requirements as to scope.
1
Arrangements under section 240(1) above for travel concessions F26... meet the requirements of this section as to scope if they provide
F7a
for the grant of travel concessions to all eligible London residents on journeys falling within subsection (2) below;
F27b
for the grant to all eligible England residents of the travel concession specified in subsection (8) below; and
c
for the grant to all eligible London residents of the additional travel concession specified in subsection (8A) below.
F281A
Paragraphs (b) and (c) of subsection (1) above are not to be taken as restricting the concessions that may be provided to eligible London residents on the London bus network by virtue of paragraph (a) of that subsection.
2
F8The journeys referred to in subsection (1)(a) above are journeys of a description falling within section 240(3) above, on the London Local Transport Network.
C43
For the purposes of this Chapter, the London Local Transport Network consists of—
a
bus services which together make up the London bus network within the meaning of section 181 above;
b
services using a system of guided transport which are provided by Transport for London or under an agreement entered into by Transport for London under section 156(2) or (3)(a) above or under a transport subsidiary’s agreement;
c
railway services which are so provided;
d
tramway services which are so provided; and
e
services on the river Thames or a tributary of the river Thames which are so provided.
4
In subsection (3) above guided transport, railway and tramway have the same meanings as in section 240(6) above.
5
F9Subsection (1)(a) above does not preclude the imposition of terms, limitations or conditions with respect to the particular journeys falling within subsection (2) above on which travel concessions are available.
6
Such terms, limitations or conditions may make different provision for different categories of eligible London residents.
7
F308
The travel concession which must be granted for all eligible England residents is a waiver of the fare for each journey beginning on the London bus network—
a
at any time on a Saturday or Sunday or on any day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971; or
b
in the period from 9.30 am to 11.00 pm on any other day,
(whether or not the journey ends on that network).
8A
The additional travel concession which must be granted for all eligible London residents is a waiver of the fare for each journey which is on the London bus network and which begins—
a
in the period from midnight to 4.30 am; or
b
in the period from 11.00 pm to midnight,
on any day other than one mentioned in subsection (8)(a) above.
8B
In subsections (8) and (8A) above “journey” means a journey on one public service vehicle (in one direction); and for this purpose “public service vehicle” has the meaning given by section 1 of the Public Passenger Vehicles Act 1981.
F149
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3110
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
243C5 Requirements as to uniformity.
1
Arrangements under section 240(1) above for travel concessions F32... meet the requirements of this section as to uniformity if they—
a
make the same provision, for all eligible London residents of the same category, with respect to the benefit of any travel concession granted to those residents under the arrangements and the periods during which it is available;
b
make the enjoyment of the benefit of any travel concession granted under the arrangements conditional on the production, by any person seeking to travel under that concession, of a travel concession permit F33...
F33i
issued to the person in accordance with the arrangements by the London authority in whose area the person has his sole or principal residence (in the case of an eligible London resident), or
ii
issued to the person pursuant to section 145A(4) of the Transport Act 2000 (in the case of any other eligible England resident) and;
c
make the same provision with respect to the period of validity of all travel concession permits issued in accordance with the arrangements to eligible London residents of the same category,
whether or not, in any other respects, the arrangements make different provision for different cases to which they apply.
2
References in subsection (1) above to the benefit of a travel concession are references to the waiver or reduction of any fare or charge to which the arrangements in question apply, as distinct from any terms, limitations or conditions applicable to that waiver or reduction in accordance with the arrangements.
3
For the requirements of this section as to uniformity to be met it is sufficient that those requirements are met in relation to each description of services comprising the London Local Transport Network individually.
4
The reference in subsection (3) above to a description of services is a reference to the descriptions mentioned in paragraphs (a) to (e) of section 242(3) above.
5
In this Chapter travel concession permit means, in relation to a travel concession granted under or by virtue of this Chapter, a F34 permit in any form (subject to any regulations under subsection (7) below) indicating that the person to whom it is issued is a person entitled in accordance with the provisions of this Chapter to receive the concession in question.
F116
No charge may be made for the issue to an eligible London resident of a travel concession permit relating to the travel concession specified in section F35 242(8) and (8A) above.
F367
Subject to subsection (1)(c) above, the Secretary of State may by regulations make provision about the form and period of validity of travel concession permits issued by a London authority relating to the travel concession specified in section 242(8) and (8A) above.
244C5 Exercise of functions by a joint committee.
1
If all the London authorities enter into arrangements under section 101(5) of the M6 Local Government Act 1972 for the joint discharge of their functions under—
a
subsection (1) of section 240 above, or
b
subsection (2) of that section, F37 or
c
sections 148 to 150 of the Transport Act 2000 (enforcement and reimbursement of mandatory concession for journeys not beginning on the London bus network),
and the arrangements so provide, then this section shall apply.
2
The arrangements shall have effect for such period as may be specified in the arrangements or until otherwise terminated by the unanimous decision of the London authorities.
3
The arrangements must provide for the function to be discharged only by a joint committee under section 101(5)(a) of the M7Local Government Act 1972.
4
The joint committee must consist of one member of each London authority.
5
Decisions of the joint committee must be unanimous decisions of those present and voting.
6
Subsection (5) above is subject to a resolution of the joint committee, passed unanimously by those present and voting, that—
a
decisions of a kind specified in the resolution, or
b
decisions generally,
may be made by such majority of those present and voting as may be specified in the resolution.
7
The majority specified in a resolution under subsection (6) above must be not less than two-thirds of the members of the joint committee.
8
In consequence of the preceding provisions of this section—
a
section 102 of the M8Local Government Act 1972 (appointment of committees) has effect in relation to the joint committee subject to those provisions; and
b
paragraph 39(1) of Schedule 12 to that Act (questions to be decided by simple majority), as applied to a joint committee by paragraph 44(1) of that Schedule, does not have effect in relation to the joint committee.
Pt. IV Ch. VIII: power to amend conferred (E.W.) (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), ss. 8(1), 15(1); S.I. 2007/2799, arts. 2, 3 (with art. 4)