26.This section secures that the Secretary of State can amend relevant parts of the 2000 Act and the 1999 Act by order to expand the scope of the national concession in the ways stated. Elements of this power already existed under section 147 of the 2000 Act in respect of the previous concession available outside London, and have been restated so that any amendment to the national concession can be synchronised both inside and outside Greater London. The Secretary of State could use these powers, for example, to extend the national concession to any further categories of people who are eligible to be offered concessions under discretionary travel concession schemes set up under section 93 of the 1985 Act, or to other modes of public passenger transport. There is also a new power to provide that a concession other than a waiver of the fare (e.g. a discount) can be offered to any new class of person made eligible for the national concession by order under this section. Concessions offered to such new classes of person can also be offered at any times specified, and those offered to people currently eligible can be made available at more (but not less) generous times.
27.This section allows the Secretary of State, by order, to centralise reimbursement and/or other administrative functions of English travel concession authorities under sections 145 to 150 of the 2000 Act. The other administrative functions are the issuing of permits and enforcement powers. The section states that the centralisation can be carried out by way of transfer of these functions from non-unitary non-metropolitan district councils to the relevant county councils, or simply by way of transfer of the functions to the Secretary of State. An order under which travel concession authority functions are transferred to the Secretary of State can include consequential provisions which, inter alia, alter the way in which reimbursement appeals are dealt with, for example by setting up a body to hear appeals against the Secretary of State. Currently the Secretary of State hears these appeals. It is intended that any order made under section 9 would be accompanied by the appropriate regulatory impact assessment (‘RIA’) and would be the subject of extensive consultation.
28.In the event that an order under subsection (1)(a) or (2)(a) is made transferring responsibility for reimbursement to the Secretary of State or county councils, the Secretary of State may, under subsection (6), also streamline the administration of discretionary travel concession schemes under section 93 of the 1985 Act. The Secretary of State can do this either by removing from non-unitary or metropolitan district councils their functions in making section 93 schemes; or by providing that they may only make such schemes if they do so jointly with the county council or Passenger Transport Authority for their area. In the latter case, the order may include provisions stipulating that the relevant upper tier authority be responsible for certain functions in running such schemes, so that, for example, a county council might be made responsible for reimbursement functions.
29.This section enables England and Wales to recognise each other’s passes and those of Scotland and Northern Ireland. This power is likely to be used at such a time as all parties have agreed the practical issues surrounding mutual recognition of passes across the United Kingdom, including funding. The section allows the Secretary of State and the Welsh Ministers flexibility in deciding which categories of concessionaire will receive which kinds of concession in England and Wales respectively, which may be useful in view of the differences between the national schemes.
30.The Welsh Ministers’ power to provide for recognition of English, Scottish and Northern Irish passes includes, under subsection (5), power to provide for bus operators to be reimbursed for journeys by holders of non-Welsh permits which begin within Welsh travel concession authority areas. This would be necessary when, for example, holders of English permits were making use of them to travel within Wales. There is also provision at subsection (4) to deal with the geographical overlap of schemes on introduction of any reciprocal arrangements. This is to avoid problems of double reimbursement.