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]
1

A
Bill
[AS AMENDED ON REPORT]
To
Make provision about travel concessions; and for connected purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
National concession: journeys not beginning on London bus network
1
The national concession
For section 145 of the Transport Act 2000 (c. 38) (mandatory concessions
outside Greater London) and the heading before the section substitute—
“Mandatory travel concessions for journeys not beginning on the London bus network
5
145A
England: mandatory concessions for journeys not beginning on the
London bus network
(1)
Any person to whom a current statutory travel concession permit has
been issued and who travels on an eligible journey on an eligible
service is entitled, on production of the permit, to a concession
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consisting of a waiver of the fare for the journey by the operator of the
service.
(2)
In subsection (1) “eligible journey” means a journey on one public
service vehicle (in one direction) which—
(a)
is between places in England,
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(b)
begins at a relevant time, and
(c)
is not one to which section 242(8) of the Greater London
Authority Act 1999 (journeys beginning on the London bus
network) applies.
(3)
In this section “statutory travel concession permit” means—
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HL Bill 33 54/2

Concessionary Bus Travel Bill [HL]
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(a)
a permit issued pursuant to subsection (4),
(b)
a permit issued by a London authority relating to the travel
concession specified in section 242(8) and (8A) of the Greater
London Authority Act 1999 (travel concessions on journeys
beginning on the London bus network etc), or
5
(c)
a permit issued by a London authority pursuant to paragraph
4(2) of Schedule 16 to that Act (free travel scheme in Greater
London).
(4)
A travel concession authority in England other than a London authority
must, on an application made to it by any person who appears to the
10
authority to be an elderly or disabled person whose sole or principal
residence is in the authority’s area, issue to the person free of charge a
permit indicating that he is entitled to the concession specified in
subsection (1).
(5)
A permit issued pursuant to subsection (4) must be issued in such form
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and for such period—
(a)
as may be specified in regulations made by the Secretary of
State, and
(b)
subject to that, as the authority issuing the permit considers
appropriate.
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(6)
The Secretary of State may issue guidance to travel concession
authorities in England to which they must have regard in determining
for the purposes of subsection (4) whether a person is a disabled
person.
(7)
Before issuing guidance under subsection (6) the Secretary of State shall
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consult—
(a)
the Disabled Persons Transport Advisory Committee,
(b)
associations representative of travel concession authorities, and
(c)
such other persons as he thinks fit.
(8)
The Secretary of State may issue guidance to travel concession
30
authorities in England to which they must have regard in determining
for the purposes of subsection (4) whether a person has his sole or
principal residence in an authority’s area.
(9)
A person entitled to be issued with a statutory travel concession permit
by a travel concession authority under subsection (4) may agree with
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the authority that he is not to be entitled to—
(a)
the concession specified in subsection (1), and
(b)
the concession provided by virtue of section 242(8) of, or
paragraph A1 of Schedule 16 to, the Greater London Authority
Act 1999,
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for a period in return for being entitled during that period to receive
travel concessions under a scheme under section 93 of the Transport
Act 1985 to which the authority is a party (if the scheme provides that
a person may not receive travel concessions under the scheme unless he
so agrees).
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(10)
The Secretary of State may by regulations make provision about
agreements within subsection (9).
(11)
The regulations may in particular make provision—

Concessionary Bus Travel Bill [HL]
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(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 concessions mentioned in subsection (9)(a) and (b).”
2
The national concession: supplementary
5
(1)
Amend section 146 of the 2000 Act (mandatory concessions: supplementary) as
follows.
(2)
After the definition of “a half-price travel concession” insert—
““London authority” means a London borough council or the
Common Council of the City of London,”.
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(3)
In the definition of “travel concession authority”—
(a)
after paragraph (b) insert—
“(ba)
a London authority,”;
(b)
after paragraph (c) insert—
“(ca)
the Council of the Isles of Scilly, or”.
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3
Reimbursement of operators
(1)
Amend section 149 of the 2000 Act (reimbursement of operators) as follows.
(2)
For subsection (1) substitute—
“(1)
Where—
(a)
an operator provides concessions under section 145A(1) in
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respect of eligible journeys beginning in the area of a travel
concession authority in England, or
(b)
an operator provides concessions under section 145B(1) for
persons who reside in the area of a travel concession authority
in Wales,
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the authority shall reimburse the operator for providing the
concessions.”
(3)
In subsection (2)(a), for “for persons who reside in their area, or” substitute—
“(i)
in respect of eligible journeys beginning in the
authority’s area (if the authority is in England), or
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(ii)
for persons who reside in the authority’s area (if the
authority is in Wales), or”.
National concession: journeys beginning on London bus network
4
The national concession: journeys beginning on London bus network
(1)
Amend section 240 of the Greater London Authority Act 1999 (c. 29) (travel
35
concessions on journeys in and around Greater London) as follows.
(2)
In subsection (5)—
(a)
for “persons appearing to the authority to be persons—” substitute—
“(a)
persons appearing to the authority to have their sole or
principal residence in the authority’s area and to be
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persons—”;

Concessionary Bus Travel Bill [HL]
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(b)
renumber paragraphs (a) to (i) as sub-paragraphs (i) to (ix) of
paragraph (a);
(c)
at the end of the subsection insert “; or
(b)
persons to whom a current statutory travel concession
permit has been issued under section 145A(4) of the
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Transport Act 2000.”
(3)
In subsection (5A), for “(5)(b) to (i)” substitute “(5)(a)(ii) to (ix)”.
(4)
After subsection (5B) insert—
“(5C)
The Secretary of State may issue guidance to local authorities to which
they must have regard in determining for the purposes of this Chapter
10
whether a person has his sole or principal residence in an authority’s
area.”
5
Reserve free travel scheme
(1)
Amend section 241 of the 1999 Act (reserve free travel scheme for London
residents) as follows.
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(2)
In subsection (1)—
(a)
in the opening words, omit “for London residents”;
(b)
in the closing words, after “are provided for” insert “all eligible
England residents and that additional travel concessions are provided
for”.
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(3)
In subsection (2), after “apply to” insert “certain eligible England residents or”.
(4)
In subsection (3), after “travel concessions for” insert “eligible England
residents and the additional travel concessions for”.
(5)
For subsection (4) substitute—
“(4)
In this Chapter—
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“eligible England residents” means—
(a)
persons to whom a current statutory travel concession
permit has been issued under section 145A(4) of the
Transport Act 2000, and
(b)
eligible London residents;
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“eligible London residents” means persons whose sole or
principal residence is in Greater London and who are eligible in
accordance with section 240(5)(a) above to receive travel
concessions under arrangements under subsection (1) of that
section.”
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(6)
In the heading, omit “for London residents”.
(7)
Schedule 1 contains amendments of Schedule 16 to the 1999 Act (the London
free travel scheme).
6
Requirements as to scope
(1)
Amend section 242 of the 1999 Act (requirements as to scope) as follows.
40
(2)
In subsection (1)—
(a)
in the opening words, omit “for London residents”;

Concessionary Bus Travel Bill [HL]
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(b)
for paragraph (b) and the word “and” before it substitute—
“(b)
for the grant to all eligible England residents of the
travel concession specified in subsection (8) below; and
(c)
for the grant to all eligible London residents of the
additional travel concession specified in subsection (8A)
5
below.”
(3)
After subsection (1) insert—
“(1A)
Paragraphs (b) and (c) of subsection (1) above are not to be taken as
restricting the concessions that may be provided to eligible London
residents on the London bus network by virtue of paragraph (a) of that
10
subsection.”
(4)
In subsection (7), for “paragraphs of section 240(5)” substitute “sub-paragraphs
of section 240(5)(a)”.
(5)
For subsection (8) substitute—
“(8)
The travel concession which must be granted for all eligible England
15
residents is a waiver of the fare for each journey beginning on the
London bus network—
(a)
at any time on a Saturday or Sunday or on any day which is a
bank holiday in England and Wales under the Banking and
Financial Dealings Act 1971; or
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(b)
in the period from 9.30 am to 11.00 pm on any other day,

(whether or not the journey ends on that network).
(8A)
The additional travel concession which must be granted for all eligible
London residents is a waiver of the fare for each journey which is on the
London bus network and which begins—
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(a)
in the period from midnight to 4.30 am; or
(b)
in the period from 11.00 pm to midnight,

on any day other than one mentioned in subsection (8)(a) above.
(8B)
In subsections (8) and (8A) above “journey” means a journey on one
public service vehicle (in one direction); and for this purpose “public
30
service vehicle” has the meaning given by section 1 of the Public
Passenger Vehicles Act 1981.”
(6)
Omit subsection (10).
7
Requirements as to uniformity
(1)
Amend section 243 of the 1999 Act (requirements as to uniformity) as follows.
35
(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
arrangements” substitute—
“(i)
issued to the person in accordance with the arrangements by the
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London authority in whose area the person has his sole or
principal residence (in the case of an eligible London resident),
or

Concessionary Bus Travel Bill [HL]
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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)”.
5
(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
10
travel concession specified in section 242(8) and (8A) above.”
Power to alter national concession etc
8
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
30
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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(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).