|
| |
| |
9 | 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 |
| |
operators for providing concessions under section 145A(1) of that Act |
| 5 |
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 |
| |
connection with securing that— |
| 10 |
(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; |
| |
(b) | the functions of a non-unitary district council under sections 145A and |
| 15 |
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 |
| |
| |
(a) | enabling the Secretary of State to determine (rather than agree) the |
| 20 |
amounts of reimbursement to be paid to individual operators, or to any |
| |
| |
(b) | altering the provisions about appeals by operators in connection with |
| |
reimbursement (for example, by altering who is to hear the appeals, the |
| |
functions of the person or body hearing the appeals or the |
| 25 |
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; |
| |
(f) | conferring on the Secretary of State power to make regulations— |
| 30 |
(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 |
| |
| 35 |
(ii) | about any matter ancillary to the reimbursement of, and |
| |
appeals by, operators (for example, how to claim |
| |
| |
(4) | Any power to make regulations conferred by virtue of subsection (3)(f) must |
| |
be exercisable by statutory instrument which must be subject to annulment in |
| 40 |
pursuance of a resolution of either House of Parliament. |
| |
(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 |
| |
| |
(6) | If the Secretary of State makes an order under subsection (1)(a) or (2)(a), he may |
| 45 |
also by order amend the Transport Act 1985 (c. 67) for or in connection with |
| |
| |
| |
| |
|
| |
| |
(a) | non-unitary district councils or metropolitan district councils in |
| |
England cease to be local authorities for the purposes of section 93 of |
| |
| |
(b) | a non-unitary district council or a metropolitan district council in |
| |
England may not establish a travel concession scheme under that |
| 5 |
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 |
| |
| |
(7) | An order under subsection (6)(b) may include provision for or in connection |
| 10 |
| |
(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 |
| |
by the county council concerned; |
| 15 |
(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 |
| |
Transport Authority concerned. |
| 20 |
(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 |
| |
| |
10 | Reciprocal arrangements for providing travel concessions |
| |
(1) | The Secretary of State may by order amend Part 2 of the 2000 Act and Chapter 8 |
| 25 |
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, |
| |
(c) | Northern Irish permit holders, or |
| 30 |
(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— |
| |
(a) | English permit holders, |
| 35 |
(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 |
| |
travel concessions or Welsh travel concessions are to be provided to persons by |
| 40 |
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 |
| |
| |
(c) | the value of the concession which is to be provided. |
| 45 |
(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 |
| |
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 |
| 5 |
| |
(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, |
| 10 |
| 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 |
| |
purpose of section 145B(2) of the 2000 Act includes power to approve its form |
| 15 |
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 |
| |
| |
| |
“English travel concessions” means the travel concessions to which |
| 20 |
certain persons whose sole or principal residence is in England are |
| |
| |
(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, |
| |
| 25 |
“Welsh travel concessions” means the travel concessions to which certain |
| |
persons who are resident in Wales are entitled under section 145B(1) |
| |
| |
| |
“English permit holder” means— |
| 30 |
(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 |
| |
| |
(b) | a person to whom a current travel concession permit relating to |
| 35 |
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 |
| |
| 40 |
“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 |
| |
Article 5(1) of the Transport (Northern Ireland) Order 1977 (S.I. 1977/ |
| |
| 45 |
“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 |
| |
| |
| |
| |
|
| |
| |
“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 |
| |
| |
(10) | In this section “London authority” and “travel concession authority” have the |
| 5 |
meaning given by section 146 of the 2000 Act. |
| |
Miscellaneous and supplemental |
| |
| |
(1) | Any power of the Secretary of State or the Welsh Ministers to make an order |
| |
under this Act is exercisable by statutory instrument. |
| 10 |
(2) | An order under this Act may make different provision for different cases, |
| |
| |
(3) | An order under section 8, 9, 10 or 13 may include appropriate incidental, |
| |
supplementary, consequential or transitional provision or savings (including |
| |
provision amending this Act). |
| 15 |
(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 |
| |
statutory instrument containing the order has been laid before, and approved |
| 20 |
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 |
| |
resolution of, the National Assembly for Wales. |
| 25 |
| |
| |
“the 1999 Act” means the Greater London Authority Act 1999 (c. 29); |
| |
“the 2000 Act” means the Transport Act 2000 (c. 38). |
| |
13 | Minor and consequential amendments |
| 30 |
(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 |
| |
consequence of any provision of this Act. |
| 35 |
(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. |
| |
| |
This Act extends to England and Wales only. |
| |
| |
| |
|
