Concessionary Bus Travel Bill [HL]

House of Commons

Session 2006 - 07
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Other Bills before Parliament

Concessionary Bus Travel Bill [HL]

Concessionary Bus Travel Bill [HL]
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Requirements as to uniformity
(1)
Amend section 243 of the 1999 Act (requirements as to uniformity) as follows.
(2)
In subsection (1)—
(a)
in the opening words, omit “for London residents”;
(b)
in paragraph (b), for “issued to him in accordance with the
5
arrangements” substitute—
“(i)
issued to the person in accordance with the arrangements by the
London authority in whose area the person has his sole or
principal residence (in the case of an eligible London resident),
or
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(ii)
issued to the person pursuant to section 145A(4) of the
Transport Act 2000 (in the case of any other eligible England
resident)”.
(3)
In subsection (5), for “document in any form” substitute “permit in any form
(subject to any regulations under subsection (7) below)”.
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(4)
In subsection (6), for “242(8)” substitute “242(8) and (8A)”.
(5)
After subsection (6) insert—
“(7)
Subject to subsection (1)(c) above, the Secretary of State may by
regulations make provision about the form and period of validity of
travel concession permits issued by a London authority relating to the
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travel concession specified in section 242(8) and (8A) above.”
Power to alter national concession etc
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Variation of scope of the national concession
(1)
The Secretary of State may by order amend Part 2 of the 2000 Act and Chapter
8 of Part 4 of the 1999 Act for or in connection with securing that the national
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concession—
(a)
applies to any person for the time being eligible to receive travel
concessions under a scheme under section 93 of the Transport Act 1985
(c. 67) or to any such person of a specified description (as well as to any
elderly person and any disabled person),
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(b)
applies to travel on any public passenger transport service or to travel
on any such service of a specified description (as well as to travel on an
eligible service and the London bus network),
(c)
in relation to any person to whom the national concession applies by
virtue of paragraph (a), provides for a concession not amounting to a
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waiver of the fare,
(d)
in relation to any person to whom the national concession applies by
virtue of paragraph (a), applies, or does not apply, to a journey
beginning at a specified time, or
(e)
in relation to any elderly person or any disabled person, applies to a
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journey beginning at a specified time (as well as to a journey beginning
at a relevant time).
(2)
In this section “the national concession” means the travel concession to which
certain persons whose sole or principal residence is in England are entitled—
(a)
under section 145A(1) of the 2000 Act, and
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Concessionary Bus Travel Bill [HL]
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(b)
by virtue of section 242(8) of, or paragraph A1 of Schedule 16 to, the
1999 Act.
(3)
In this section “London bus network” has the meaning given by section 181 of
the 1999 Act.
(4)
Expressions used in this section and in Part 2 of the 2000 Act have the same
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meaning in this section as in that Part (see sections 146 and 162 of that Act).
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Variation of reimbursement and other administrative arrangements
(1)
The Secretary of State may by order amend Part 2 of the 2000 Act for or in
connection with securing that—
(a)
the obligation of travel concession authorities in England to reimburse
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operators for providing concessions under section 145A(1) of that Act
is instead imposed on the Secretary of State;
(b)
the functions of travel concession authorities in England under sections
145A and 148 of that Act are instead imposed on the Secretary of State.
(2)
The Secretary of State may by order amend Part 2 of the 2000 Act for or in
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connection with securing that—
(a)
the obligation to reimburse operators for providing concessions under
section 145A(1) of that Act, so far as imposed on a non-unitary district
council, is instead imposed on the county council for the area in which
the district is situated;
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(b)
the functions of a non-unitary district council under sections 145A and
148 of that Act are instead imposed on the county council for the area
in which the district is situated.
(3)
The provision that may be made by an order under subsection (1)(a) includes
in particular provision—
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(a)
enabling the Secretary of State to determine (rather than agree) the
amounts of reimbursement to be paid to individual operators, or to any
class of operators;
(b)
altering the provisions about appeals by operators in connection with
reimbursement (for example, by altering who is to hear the appeals, the
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functions of the person or body hearing the appeals or the
circumstances in which appeals may be brought);
(c)
for establishing a body to hear the appeals;
(d)
imposing requirements as to consultation;
(e)
repealing section 145A(9) to (11) of the 2000 Act;
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(f)
conferring on the Secretary of State power to make regulations—
(i)
for any purpose corresponding or similar to any purpose for
which regulations may be made by the Secretary of State under
sections 149(3) and 150(6) and (7) of the 2000 Act (as those
provisions have effect immediately before the coming into force
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of this section);
(ii)
about any matter ancillary to the reimbursement of, and
appeals by, operators (for example, how to claim
reimbursement).
(4)
Any power to make regulations conferred by virtue of subsection (3)(f) must
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be exercisable by statutory instrument which must be subject to annulment in
pursuance of a resolution of either House of Parliament.

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(5)
The provision that may be made by an order under subsection (1)(b) includes
in particular provision repealing any of subsections (6) to (8) of section 145A of
the 2000 Act.
(6)
If the Secretary of State makes an order under subsection (1)(a) or (2)(a), he may
also by order amend the Transport Act 1985 (c. 67) for or in connection with
5
securing that—
(a)
non-unitary district councils or metropolitan district councils in
England cease to be local authorities for the purposes of section 93 of
that Act; or
(b)
a non-unitary district council or a metropolitan district council in
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England may not establish a travel concession scheme under that
section unless they do so jointly with the county council or Passenger
Transport Authority for the area in which the district is situated
(whether or not the scheme is also established jointly with other local
authorities).
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(7)
An order under subsection (6)(b) may include provision for or in connection
with securing that—
(a)
any specified function that a non-unitary district council establishing
such a scheme would, but for this paragraph, have had as an authority
responsible for administration of the scheme is instead to be exercised
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by the county council concerned;
(b)
any specified function that a metropolitan district council establishing
such a scheme would, but for this paragraph, have had as an authority
responsible for administration of the scheme is instead to be exercised
by the Passenger Transport Executive for the area of the Passenger
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Transport Authority concerned.
(8)
In this section “non-unitary district council” means a council of a non-
metropolitan district in England comprised in an area for which there is a
county council.
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Reciprocal arrangements for providing travel concessions
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(1)
The Secretary of State may by order amend Part 2 of the 2000 Act and Chapter 8
of Part 4 of the 1999 Act for or in connection with securing that English travel
concessions are also provided, or are to a specified extent also provided, to—
(a)
Welsh permit holders,
(b)
Scottish permit holders,
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(c)
Northern Irish permit holders, or
(d)
any specified class of such persons.
(2)
The Welsh Ministers may by order amend Part 2 of the 2000 Act for or in
connection with securing that Welsh travel concessions are also provided, or
are to a specified extent also provided, to—
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(a)
English permit holders,
(b)
Scottish permit holders,
(c)
Northern Irish permit holders, or
(d)
any specified class of such persons.
(3)
An order under subsection (1) or (2) may limit the extent to which English
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travel concessions or Welsh travel concessions are to be provided to persons by
virtue of the order by reference, in particular, to—

Concessionary Bus Travel Bill [HL]
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(a)
the service on which the concession is to be provided;
(b)
the time at which a journey on which the concession is to be provided
begins;
(c)
the value of the concession which is to be provided.
(4)
An order under subsection (1) or (2) may also, in particular, make provision for
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or in connection with securing that a person is not to be entitled to a concession
on a journey by virtue of the order if he would, apart from the order, have been
entitled to a concession on that journey.
(5)
An order under subsection (2) may, in particular, make provision for or in
connection with securing that an operator providing concessions on a journey
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by virtue of the order is reimbursed by the travel concession authority in whose
area the journey begins.
(6)
The power of the Secretary of State under—
(a)
section 145A(5) of the 2000 Act,
(b)
section 243(7) of the 1999 Act, or
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(c)
paragraph 4(1A) of Schedule 16 to that Act,

to specify the form of a permit includes power to specify its form for the
purposes of any concession to which an English permit holder may become
entitled, whether by virtue of an order under subsection (2) or otherwise.
(7)
The power of the Welsh Ministers to approve the form of a permit for the
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purpose of section 145B(2) of the 2000 Act includes power to approve its form
for the purposes of any concession to which a Welsh permit holder may
become entitled, whether by virtue of an order under subsection (1) or
otherwise.
(8)
In this section—
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“English travel concessions” means the travel concessions to which
certain persons whose sole or principal residence is in England are
entitled—
(a)
under section 145A(1) of the 2000 Act, and
(b)
by virtue of section 242(8) of, or paragraph A1 of Schedule 16 to,
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the 1999 Act;
“Welsh travel concessions” means the travel concessions to which certain
persons who are resident in Wales are entitled under section 145B(1)
and (2) of the 2000 Act.
(9)
In this section—
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“English permit holder” means—
(a)
a person to whom a current travel concession permit has been
issued under section 145A(4) of the 2000 Act by a travel
concession authority in England (other than a London
authority),
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(b)
a person to whom a current travel concession permit relating to
the travel concession specified in section 242(8) and (8A) of the
1999 Act has been issued by a London authority, or
(c)
a person to whom a current travel concession permit has been
issued by a London authority pursuant to paragraph 4(2) of
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Schedule 16 to that Act;
“Northern Irish permit holder” means a person to whom a current travel
concession permit has been issued on behalf of the Department for
Regional Development for the purposes of any agreement made under

Concessionary Bus Travel Bill [HL]
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Article 5(1) of the Transport (Northern Ireland) Order 1977 (S.I. 1977/
599 (N.I. 10));
“Scottish permit holder” means a person to whom a current travel
concession permit has been issued under a national travel concession
scheme made under section 40 of the Transport (Scotland) Act 2005
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(asp 12);
“Welsh permit holder” means a person to whom a current travel
concession permit (in a form approved by the Welsh Ministers) has
been issued under section 145B(3) of the 2000 Act by a travel concession
authority in Wales.
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(10)
In this section “London authority” and “travel concession authority” have the
meaning given by section 146 of the 2000 Act.
Miscellaneous and supplemental
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Orders
(1)
Any power of the Secretary of State or the Welsh Ministers to make an order
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under this Act is exercisable by statutory instrument.
(2)
An order under this Act may make different provision for different cases,
purposes or areas.
(3)
An order under section 8, 9, 10 or 13 may include appropriate incidental,
supplementary, consequential or transitional provision or savings (including
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provision amending this Act).
(4)
A statutory instrument containing an order under section 8 shall be subject to
annulment in pursuance of a resolution of either House of Parliament.
(5)
An order may not be made by the Secretary of State under section 9, 10 or 13
(whether alone or concurrently with the Welsh Ministers) unless a draft of the
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statutory instrument containing the order has been laid before, and approved
by a resolution of, each House of Parliament.
(6)
An order may not be made by the Welsh Ministers under section 10 (whether
alone or concurrently with the Secretary of State) unless a draft of the statutory
instrument containing the order has been laid before, and approved by a
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resolution of, the National Assembly for Wales.
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Interpretation
In this Act—
“the 1999 Act” means the Greater London Authority Act 1999 (c. 29);
“the 2000 Act” means the Transport Act 2000 (c. 38).
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Minor and consequential amendments
(1)
Schedule 2 contains minor and consequential amendments.
(2)
Schedule 3 contains repeals and revocations.
(3)
The Secretary of State may by order make any amendments, repeals or
revocations of any relevant enactment that appear to him to be appropriate in
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consequence of any provision of this Act.

Concessionary Bus Travel Bill [HL]
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(4)
“Relevant enactment” means any other enactment passed or instrument made
on or before the last day of the session in which this Act is passed.
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Extent
This Act extends to England and Wales only.
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Commencement, transitional provision and savings
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(1)
This Act shall come into force on such day as the Secretary of State may by
order appoint, and different days may be appointed for different purposes.
(2)
The Secretary of State may by order make any transitional provision or savings
which appear appropriate in connection with the coming into force of any
provision of this Act.
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(3)
The power conferred on the Welsh Ministers by section 147 of the 2000 Act
includes power to make any amendment of that Act that could have been made
by amending or revoking any provision of the Travel Concessions (Extension
of Entitlement) (Wales) Order 2001 (S.I. 2001/3765) revoked by this Act.
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Short title
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This Act may be cited as the Concessionary Bus Travel Act 2007.