Concessionary Bus Travel Act 2007

Concessionary Bus Travel Act 2007

2007 CHAPTER 13

Commentary on Sections

National concession: journeys not beginning on London bus network

Section 1: The national concession

16. Section 1 replaces section 145 of the 2000 Act with a new section 145A establishing the new national concession in England on ‘eligible journeys’ (i.e. single bus trips between places in England which begin at the relevant times and which do not begin on the London bus network)(3). The new section 145A removes the restriction that a journey must be within a person’s local authority area in England for the concession to be available to them. This is done by providing that any England resident pass holder can receive the concession on ‘eligible journeys’ on eligible bus services(4). Since the 2000 Act concession is now available anywhere in England, rather than only within local authority areas outside London, it is available for the first time on eligible commercial services (i.e. London service permit services) in Greater London.

17. The arrangements for concessionary travel in Wales that were formerly included in section 145 of the 2000 Act have been re-stated in Schedule 2 as new section 145B of that Act.

18. New wording at section 145A(4) of the 2000 Act secures that travel concession authorities in England (other than in London) must issue permits to older or disabled persons ‘whose sole or principal residence’ is in the travel concession authority’s area. The Secretary of State is also given a power to issue guidance to travel concession authorities as to how they should interpret ‘sole or principal residence’. This is intended to promote the adoption of a consistent approach. London residents receive passes under the London arrangements set out in the 1999 Act. Under new section 145A those passes become valid outside London (see paragraph 20 below).

19. There is also a power at new section 145A(5) for the Secretary of State to make regulations as to what a permit issued by a non-London travel concession authority must look like. This is so that the appearance of cards across the country can be standardised in an agreed form that is easily recognised by bus drivers. As before, a person can choose to give up the national concession in exchange for other concessionary travel benefits offered by their local authority under discretionary travel concession schemes administered under section 93 of the 1985 Act.

3

This includes journeys which begin outside Greater London and end inside Greater London on the London bus network. The ‘London bus network’ is defined in the 1999 Act broadly to mean certain local services procured by Transport for London to the extent that they are within Greater London. Some services procured to make up the London bus network do, in fact, cross over the Greater London border into surrounding areas. Because journeys on these cross border services which begin outside Greater London but end in Greater London on the London bus network are covered by the provisions of the new section 145A, concessions on them are funded by the travel concession authority in whose area the journey begins (consistent with the rest of the country).

4

Concessions on journeys on the London bus network and those which begin on the network and end outside Greater London are provided for under the 1999 Act, as amended, and so will be funded by London authorities (in accordance with the general principle that the national concession is funded by the local authority in whose area the relevant journey begins).