Concessionary Bus Travel Bill [HL]

House of Lords

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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Reciprocal arrangements for providing travel concessions
(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,
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(b)
Scottish permit holders,
(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
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are to a specified extent also provided, to—
(a)
English permit holders,
(b)
Scottish permit holders,
(c)
Northern Irish permit holders, or
(d)
any specified class of such persons.
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(3)
An order under subsection (1) or (2) may limit the extent to which English
travel concessions or Welsh travel concessions are to be provided to persons by
virtue of the order by reference, in particular, to—
(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
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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
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
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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
by virtue of the order is reimbursed by the travel concession authority in whose
area the journey begins.
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(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
(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
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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
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
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become entitled, whether by virtue of an order under subsection (1) or
otherwise.
(8)
In this section—
“English travel concessions” means the travel concessions to which
certain persons whose sole or principal residence is in England are
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entitled—
(a)
under section 145A(1) of the 2000 Act, and

Concessionary Bus Travel Bill [HL]
9

(b)
by virtue of section 242(8) of, or paragraph A1 of Schedule 16 to,
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.
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(9)
In this section—
“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
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authority),
(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
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issued by a London authority pursuant to paragraph 4(2) of
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
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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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Concessionary Bus Travel Bill [HL]
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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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13
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.
(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
(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
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provision of this Act.
(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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16
Short title
This Act may be cited as the Concessionary Bus Travel Act 2007.

Concessionary Bus Travel Bill [HL]
Schedule 1 — The London free travel scheme
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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
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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—
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   “(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”
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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.
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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 3 — Repeals and revocations
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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), the definition of “half-price travel
concession” applies in relation to England as in relation to Wales.
Schedule 3
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Section 13(2)

Repeals and revocations

Title and number
Extent of repeal or revocation

Greater London Authority Act
In section 241—

1999 (c. 29)
(a)
in subsection (1), in the opening words,

“for London residents”;

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(b)
in the heading, “for London residents”.