National concession: journeys not beginning on London bus network E+W

1 The national concession E+W

For section 145 of the Transport Act 2000 (c. 38) (mandatory concessions outside Greater London) and the heading before the section substitute—

“Mandatory travel concessions for journeys not beginning on the London bus network E+W

145A England: mandatory concessions for journeys not beginning on the London bus network

(1) Any person to whom a current statutory travel concession permit has been issued and who travels on an eligible journey on an eligible service is entitled, on production of the permit, to a concession consisting of a waiver of the fare for the journey by the operator of the service.

(2) In subsection (1) “eligible journey” means a journey on one public service vehicle (in one direction) which—

(a) is between places in England,

(b) begins at a relevant time, and

(c) is not one to which section 242(8) of the Greater London Authority Act 1999 (journeys beginning on the London bus network) applies.

(3) In this section “statutory travel concession permit” means—

(a) a permit issued pursuant to subsection (4),

(b) a permit issued by a London authority relating to the travel concession specified in section 242(8) and (8A) of the Greater London Authority Act 1999 (travel concessions on journeys beginning on the London bus network etc), or

(c) a permit issued by a London authority pursuant to paragraph 4(2) of Schedule 16 to that Act (free travel scheme in Greater London).

(4) A travel concession authority in England other than a London authority must, on an application made to it by any person who appears to the authority to be an elderly or disabled person whose sole or principal residence is in the authority's area, issue to the person free of charge a permit indicating that he is entitled to the concession specified in subsection (1).

(5) A permit issued pursuant to subsection (4) must be issued in such form and for such period—

(a) as may be specified in regulations made by the Secretary of State, and

(b) subject to that, as the authority issuing the permit considers appropriate.

(6) The Secretary of State may issue guidance to travel concession authorities in England to which they must have regard in determining for the purposes of subsection (4) whether a person is a disabled person.

(7) Before issuing guidance under subsection (6) the Secretary of State shall consult—

(a) the Disabled Persons Transport Advisory Committee,

(b) associations representative of travel concession authorities, and

(c) such other persons as he thinks fit.

(8) The Secretary of State may issue guidance to travel concession authorities in England to which they must have regard in determining for the purposes of subsection (4) whether a person has his sole or principal residence in an authority's area.

(9) A person entitled to be issued with a statutory travel concession permit by a travel concession authority under subsection (4) may agree with the authority that he is not to be entitled to—

(a) the concession specified in subsection (1), and

(b) the concession provided by virtue of section 242(8) of, or paragraph A1 of Schedule 16 to, the Greater London Authority Act 1999,

for a period in return for being entitled during that period to receive travel concessions under a scheme under section 93 of the Transport Act 1985 to which the authority is a party (if the scheme provides that a person may not receive travel concessions under the scheme unless he so agrees).

(10) The Secretary of State may by regulations make provision about agreements within subsection (9).

(11) The regulations may in particular make provision—

(a) requiring the serving of notices before an agreement is made,

(b) about the form of agreements, and

(c) as to the period for which a person may agree not to be entitled to the concessions mentioned in subsection (9)(a) and (b).”

Commencement Information

I1 S. 1 in force at 17.10.2007 for specified purposes by S.I. 2007/2799, art. 2 (with art. 4)

I2 S. 1 in force at 1.4.2008 in so far as not already in force by S.I. 2007/2799, art. 3 (with art. 4)

2 The national concession: supplementary E+W

(1) Amend section 146 of the 2000 Act (mandatory concessions: supplementary) as follows.

(2) After the definition of “a half-price travel concession” insert—

““London authority” means a London borough council or the Common Council of the City of London,”.

(3) In the definition of “travel concession authority”—

(a) after paragraph (b) insert—

“(ba) a London authority,”;

(b) after paragraph (c) insert—

“(ca) the Council of the Isles of Scilly, or”.

Commencement Information

I3 S. 2 in force at 17.10.2007 for specified purposes by S.I. 2007/2799, art. 2 (with art. 4)

I4 S. 2 in force at 1.4.2008 in so far as not already in force by S.I. 2007/2799, art. 3 (with art. 4)

3 Reimbursement of operators E+W

(1) Amend section 149 of the 2000 Act (reimbursement of operators) as follows.

(2) For subsection (1) substitute—

“(1) Where—

(a) an operator provides concessions under section 145A(1) in respect of eligible journeys beginning in the area of a travel concession authority in England, or

(b) an operator provides concessions under section 145B(1) for persons who reside in the area of a travel concession authority in Wales,

the authority shall reimburse the operator for providing the concessions.”

(3) In subsection (2)(a), for “for persons who reside in their area, or” substitute—

“(i) in respect of eligible journeys beginning in the authority's area (if the authority is in England), or

(ii) for persons who reside in the authority's area (if the authority is in Wales), or”.

(4) Amend section 150 of the 2000 Act (procedure for reimbursement arrangements determined by authority) as follows.

(5) In subsection (4)—

(a) for “subsection (3)” substitute “ subsection (3)(a) ”;

(b) for “28 days” substitute “ 56 days ”.

(6) After subsection (4) insert—

“(4A) An application under subsection (3)(b) shall be made by notice in writing given not later than 28 days after the date on which the arrangements, or the variations, come into operation.”

Commencement Information

I5 S. 3 in force at 17.10.2007 for specified purposes by S.I. 2007/2799, art. 2 (with art. 4)

I6 S. 3 in force at 1.4.2008 in so far as not already in force by S.I. 2007/2799, art. 3 (with art. 4)