Concessionary Bus Travel Bill [HL]

House of Commons

Session 2006 - 07
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Other Bills before Parliament

Concessionary Bus Travel Bill [HL]

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Concessionary Bus Travel Bill [HL]
Schedule 1 — The London free travel scheme

Schedules
Schedule 1
Section 5

The London free travel scheme
1
Amend Schedule 16 to the 1999 Act as follows.
Concession required for all eligible England residents
5
2
At the beginning of the Schedule insert—
“Concession required for all eligible England residents
A1
In any financial year during which the free travel scheme has
effect, the concession required by the scheme in the case of all
eligible England residents is the waiver, on production of a travel
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concession permit issued to any such resident under—
(a)
paragraph 4(2) below (in the case of an eligible London
resident), or
(b)
section 145A(4) of the Transport Act 2000 (in the case of
any other eligible England resident),
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of any fare otherwise payable by the person to whom it was issued
for any journey falling within section 242(8) of this Act.”
Additional concession required for blind eligible London residents
3     (1)
In paragraph 1—
(a)
for “the concession required” substitute “the additional concession
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required”;
(b)
at the end of the paragraph insert “(so far as not falling within section
242(8) of this Act)”.
      (2)
For the italic heading before paragraph 1 substitute “Additional concession
required for blind eligible London residents”.
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Additional concession required for other eligible London residents
4     (1)
Amend paragraph 2 as follows.
      (2)
In sub-paragraph (1), for “the concession required” substitute “the
additional concession required”.
      (3)
In sub-paragraph (2), in the opening words, after “falling within section
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242(2) of this Act” insert “(so far as not falling within section 242(8) of this
Act)”.

Concessionary Bus Travel Bill [HL]
Schedule 2 — Minor and consequential amendments
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      (4)
For the italic heading before paragraph 2 substitute “Additional concession
required for other eligible London residents”.
Issue of permits
5     (1)
Amend paragraph 4 as follows.
      (2)
After sub-paragraph (1) insert—
5
   “(1A)
The Secretary of State may by regulations make provision about
the form and period of validity of the travel concession permits.”
      (3)
In sub-paragraph (2), for “is resident in” substitute “whose sole or principal
residence is in”.
      (4)
In sub-paragraph (3), after “shall” insert “(subject to any regulations under
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sub-paragraph (1A) above)”.
      (5)
After sub-paragraph (3) insert—
    “(4)
But no charge may be made for the issue by any London authority
of such a permit.”
Charges made for permits
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6
In paragraph 5(7)(a), after “section 242(3) of this Act” insert “or a service
outside Greater London which, but for section 179(2), would be part of the
London bus network”.
Schedule 2
Section 13(1)

Minor and consequential amendments
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Transport Act 1985 (c. 67)
1
Amend the Transport Act 1985 as follows.
2
In section 103 (no subsidies for concessions available under a scheme), in
subsection (3), for “section 145(1)” substitute “section 145A(1) or 145B(1)”.
3
In section 104 (travel concessions on services provided by Passenger
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Transport Executives), in each of subsections (1) and (2)(aa), for “section
145(1)” substitute “section 145A(1)”.
4
In section 105 (travel concessions on services provided by local authorities),
in subsection (1), for “section 145(1)” substitute “section 145A(1) or 145B(1)”.
5
In section 137 (general interpretation), in subsection (7), for “he proves”
30
substitute “it is proved”.
Greater London Authority Act 1999 (c. 29)
6
Amend the 1999 Act as follows.
7
In section 244 (exercise of functions by a joint committee), in subsection (1),

Concessionary Bus Travel Bill [HL]
Schedule 2 — Minor and consequential amendments
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at the end of paragraph (b) insert “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),”.
8
In section 420 (regulations and orders), in subsection (7), insert each of the
5
following at the appropriate place—
(a)
“section 243(7);”, and
(b)
“paragraph 4(1A) of Schedule 16;”.
Transport Act 2000 (c. 38)
9
Amend the 2000 Act as follows.
10
10
After section 145A (England: mandatory concessions for journeys not
beginning on the London bus network) insert—
“145B
Wales: mandatory concessions
(1)
Any person to whom a current statutory travel concession permit
has been issued by a travel concession authority in Wales and who
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travels on an eligible service on a journey (beginning at any time)—
(a)
between places in the authority’s area,
(b)
between a place in the authority’s area and a place outside
but in the vicinity of that area, or
(c)
between places outside but in the vicinity of that area,
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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)
And if the permit is in a form approved by the Welsh Ministers for
the purpose of this subsection, subsection (1) has effect as if each
reference in it to the authority’s area were to Wales.
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(3)
A travel concession authority in Wales must, on an application made
to it by any person who appears to the authority to be an elderly or
disabled person residing in its area, issue to the person free of charge
a permit, in such form and for such period as the authority considers
appropriate, indicating that he is entitled to the concession specified
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in subsection (1).
(4)
If it appears to a travel concession authority in Wales issuing a
statutory travel concession permit to a disabled person that the
person requires the assistance of a companion to travel on journeys
on public passenger transport services, the authority must mark that
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clearly on the permit.
(5)
Where a person whose current statutory travel concession permit is
marked in accordance with subsection (4) is entitled under this
section to waiver of the fare for a journey, one companion travelling
on the journey with the person (and nominated by the person as the
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person’s companion for that journey) is also entitled to waiver of the
fare for the journey.
(6)
The Welsh Ministers may issue guidance to travel concession
authorities in Wales to which they must have regard in determining
for the purposes of subsection (3) whether a person is a disabled
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person.

Concessionary Bus Travel Bill [HL]
Schedule 2 — Minor and consequential amendments
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(7)
Before issuing guidance under subsection (6) the Welsh Ministers
shall consult—
(a)
the Disabled Persons Transport Advisory Committee,
(b)
associations representative of travel concession authorities,
and
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(c)
such other persons as they think fit.
(8)
A person entitled to be issued with a statutory travel concession
permit by a travel concession authority in Wales may agree with the
authority that he is not to be entitled to the concession specified in
subsection (1) for a period in return for being entitled during that
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period to receive travel concessions under a scheme under section 93
of the Transport Act 1985 (if the scheme provides that a person may
not receive travel concessions under the scheme unless he so agrees).
(9)
The Welsh Ministers may by regulations make provision about
agreements within subsection (8).
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(10)
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 concession specified in subsection (1).
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(11)
In this section “statutory travel concession permit” means a permit
issued pursuant to subsection (3).”
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In section 146 (mandatory concessions: supplementary), the definition of “a
half-price travel concession” applies in relation to England as in relation to
Wales.
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12    (1)
Amend section 147 (variation of mandatory concessions) as follows.
      (2)
For the words from “The Secretary of State” to “section 145(1)” substitute
“The Welsh Ministers may by order amend either or both of sections 145B
and 146 for or in connection with securing that section 145B(1)”.
      (3)
For the heading substitute “Wales: variation of mandatory concessions”.
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13
In section 148 (enforcement), in subsection (1), for “145(1)” substitute
“145A(1) or 145B(1)”.
14
In section 162(1) (interpretation of Part 2)—
(a)
the definition of “half-price travel concession” applies in relation to
England as in relation to Wales;
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(b)
insert at the appropriate place—
““London authority” has the meaning given in section
146,”.