 | |
| Interpretation of this Chapter. |
186. - (1) In this Chapter, unless the context otherwise requires-
|
| |
"key system assets" has the meaning given by section 174(1) above; |
| |
"locomotive" means any railway vehicle which has the capacity for self-propulsion (whether or not the power by which it operates is derived from a source external to the vehicle); |
| |
"PPP agreement" has the meaning given by section 171 above; |
| |
"PPP company" shall be construed in accordance with section 171(5) above; |
| |
"PPP designation" shall be construed in accordance with section 173(1) above; |
| |
"PPP lease" has the meaning given by section 178 above; |
| |
"premises" includes any land, building or structure; |
| |
"public sector operator" has the meaning given by section 172 above; |
| |
"railway" has the meaning given in section 67(1) of the Transport and Works Act 1992; |
| |
"railway vehicle" includes anything which, whether or not it is constructed or adapted to carry any person or load, is constructed or adapted to run on flanged wheels over or along a railway; |
| |
"the relevant authority" means- |
| |
(a) as respects any time before the transfer date, London Regional Transport; and
|
| |
(b) as respects any time on or after that date, Transport for London;
|
| |
"relevant body" means London Regional Transport, Transport for London or a subsidiary of London Regional Transport or Transport for London; |
| |
"rolling stock" means any carriage, wagon or other vehicle used on a railway and includes a locomotive; |
| |
"station" means any land or other property which consists of premises used as, or for the purposes of, or otherwise in connection with, a railway passenger station or railway passenger terminal (including any approaches, forecourt, cycle store or car park), whether or not the land or other property is, or the premises are, also used for other purposes; |
| |
"the transfer date" means the date on which London Underground Limited becomes a subsidiary of Transport for London; |
| |
"vehicle" includes a railway vehicle. |
| |
(2) Any reference in this Chapter to a railway includes a reference to any stretch of track comprised in a railway.
|
| |
CHAPTER VII |
| |
TRAVEL CONCESSIONS |
| Travel concessions on journeys in and around Greater London. |
187. - (1) 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 any persons eligible to receive them in accordance with subsection (5) below; 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 Franchising Director, arrangements under which-
|
| |
(a) that operator or (as the case may be) the Franchising Director grants such travel concessions as may be provided for by the arrangements to any persons eligible to receive them in accordance with subsection (5) below; and |
| |
(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 are persons, or any description of persons,-
|
| |
(a) who have attained pensionable age (within the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995); |
| |
(b) who are so blind as to be unable to perform any work for which sight is essential; or |
| |
(c) who suffer from a disability or injury which, in the opinion of the local authority or any of the local authorities by whom the cost incurred in granting the concessions falls to be reimbursed, seriously impairs their ability to walk. |
| |
(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 Public Passenger Vehicles Act 1981); |
| |
(b) a system using guided transport within the meaning of subsection (1) of section 67 of the Transport 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. |
| |
(7) This subsection applies to-
|
| |
(a) Transport for London or any of its subsidiaries; |
| |
(b) the Franchising Director; and |
| |
(c) any person providing public passenger transport services in pursuance of an agreement entered into by Transport for London by virtue of section 136(3) or (4)(a) above. |
| |
(8) In this Chapter-
|
| |
"the Franchising Director" means the Director of Passenger Rail Franchising; |
| |
"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 136(3) or (4) above includes a reference to an agreement-
|
| |
(a) which was entered into by London Regional Transport under section 3(2) or (2A) of the London Regional Transport Act 1984, and |
| |
(b) which by virtue of section 145(1) above is an agreement the rights and liabilities of London Regional Transport under which are transferred to and vest in Transport for London. |
| Reserve free travel scheme for London residents. |
188. - (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 187(1) above for travel concessions for London residents which-
|
| |
(a) meet the requirements of section 189 below as to scope, |
| |
(b) meet the requirements of section 190 below as to uniformity, and |
| |
(c) will apply throughout the next following financial year, |
| |
there shall have effect during that next following financial year a scheme (the "free travel scheme") for the purpose of ensuring that travel concessions are provided for eligible London residents.
|
| |
(2) Where individual arrangements under section 187(1) above made between a particular local authority or local authorities and Transport for London apply to certain eligible London residents only, all arrangements so made shall be considered together for the purpose of determining whether the requirements of sections 189 and 190 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 eligible London residents required by the free travel scheme.
|
| |
(4) In this Chapter "eligible London residents" means persons resident in Greater London who are eligible in accordance with section 187(5) above to receive travel concessions under arrangements under subsection (1) of that section.
|
| |
(5) Schedule 12 to this Act (which makes further provision relating to the free travel scheme) shall have effect.
|
| Requirements as to scope. |
189. - (1) Arrangements under section 187(1) above for travel concessions for London residents meet the requirements of this section as to scope if they provide for the grant of travel concessions to all eligible London residents on journeys falling within subsection (2) below.
|
| |
(2) Those journeys are journeys of a description falling within section 187(3) above, on the London Local Transport Network.
|
| |
(3) 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 150 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 136(3) or (4)(a) above; |
| |
(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 187(6) above.
|
| |
(5) The requirements of this section as to scope do 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) In this Chapter a reference to a category of eligible London residents is a reference to the categories of such residents mentioned in paragraphs (a), (b) and (c) of section 187(5) above.
|
