Transport Act 1985

93 Travel concession schemes. E+W

(1) Any local authority, or any two or more local authorities acting jointly, may establish a travel concession scheme for the provision of travel concessions on journeys on public passenger transport services—

(a) between places in the principal area covered by the scheme;

(b) between such places and places outside but in the vicinity of that area; or

(c) between places outside but in the vicinity of that area;

by operators of such services participating in the scheme.

(2) For the purposes of this section, the principal area covered by a scheme under this section is—

(a) the area of the local authority concerned or, where two or more such authorities are concerned, the area comprising the areas of both or all those authorities; or

(b) if an area comprised within the area which would be the principal area under paragraph (a) above is specified in the scheme as being the principal area to which the scheme applies, the area so specified.

(3) Any travel concession scheme established under this section shall define—

(a) the travel concessions which are for the time being to be provided by operators participating in the scheme;

(b) the description of persons eligible in accordance with subsection (7) below to receive travel concessions under any such scheme who are for the time being to qualify for travel concessions provided under the scheme; and

(c) the dates in any year currently adopted as the dates on which operators may be admitted to participate in the scheme under section 96 of this Act (referred to below in this section as the standard admission dates);

and may include particulars of any other arrangements for the time being adopted by the authority or authorities concerned in establishing the scheme with respect to the operation, scope and application of the scheme.

(4) Any such scheme may define the standard admission dates by specifying particular dates, or by referring to dates of any specified description or separated by intervals of any specified length; but those dates, however determined, must not be separated by intervals of a length exceeding such period as may be prescribed.

(5) Arrangements adopted by the authority or authorities concerned in establishing any such scheme with respect to the operation, scope and application of the scheme (including the matters specifically mentioned in paragraphs (a) to (c) of subsection (3) above) may differ for different descriptions of concessions or services to which the scheme applies.

(6) Subject to section 94 of this Act, where an operator participating in any such scheme in respect of any services operated by him provides travel concessions in accordance with the scheme for persons travelling on those services, the authority responsible for administration of the scheme or (as the case may be) the authorities so responsible in such proportions respectively as they may agree among themselves shall reimburse that operator for providing those concessions.

(7) The persons eligible to receive travel concessions under any such scheme are—

[F1 (a) persons who have attained the age of sixty years;]

(b) persons whose age does not exceed sixteen years;

(c) persons whose age exceeds sixteen years but does not exceed eighteen years and who are undergoing full-time education;

[F2 (d) persons who are blind;

(e) persons who are partially sighted;

(ea) persons who are deaf;

(eb) persons who are without speech;

(ec) persons who have a disability, or have suffered an injury, which has a substantial and long-term adverse effect on their ability to walk;

(ed) persons who do not have arms or have long-term loss of the use of both arms;

(ee) persons who have a learning disability, that is, a state of arrested or incomplete development of mind which includes significant impairment of intelligence and social functioning;

(ef) persons who, if they applied for the grant of a licence to drive a motor vehicle under Part III of the M1 Road Traffic Act 1988, would have their applications refused pursuant to section 92 of that Act (physical fitness) otherwise than on the ground of persistent misuse of drugs or alcohol;

(eg) any person travelling as the companion of a person who—

(i) is eligible to receive travel concessions by virtue of any other paragraph of this subsection; and

(ii) requires the assistance of a companion in order to travel on journeys on public passenger transport services;]

(f) such other classes of persons as the Secretary of State may by order specify.

(8) In this section “local authority”—

(a) means the council of a county or district in England and Wales or a regional or islands council in Scotland; and

(b) includes also, in relation to England and Wales, a metropolitan county passenger transport authority.

(9) Unless the context otherwise requires, references in this section and in the provisions of this Part of this Act relating to schemes under this section to the authority or authorities responsible for administration of a scheme under this section are references—

(a) except in a case to which paragraph (b) below applies, to the authority concerned in establishing the scheme or, where two or more authorities are so concerned, to both or all those authorities acting jointly; or

(b) in relation to England and Wales, a metropolitan county passenger transport authority where the authority or one of the authorities concerned in establishing the scheme are a Passenger Transport Authority for a passenger transport area in England and Wales, to the Passenger Transport Executive for that Authority’s area or (as the case may require) to that Executive and the other authority or authorities so concerned acting jointly; or

(10) Where a Passenger Transport Authority have established a scheme under this section, whether alone or jointly with any other authority or authorities, they shall notify the Passenger Transport Executive for their area of any proposal to vary the scheme, giving particulars of the proposed variation.

Extent Information

E1 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F1 S. 93(7)(a) substituted (E.W.) (1.4.2003) by Travel Concessions (Eligibility) Act 2002 (c. 4), s. 1(1); S.I. 2002/673, art. 2; S.I. 2002/3014, art. 2

F2 S. 93(7)(d)-(eg) substituted (E.W.) (1.6.2001 for E. and 1.4.2002 for W.) for s. 93(7)(d)(e) by 2000 c. 38, ss. 161, 275, Sch. 11 para. 15; S.I. 2000/3229, art. 2, Sch. Pt. IV (with arts. 3, 4); S.I. 2001/2788, art. 3, Sch. 2 para. 2

Modifications etc. (not altering text)

C2 Ss. 93-102 applied (13.12.2006) by The Luton Dunstable Translink Order 2006 (S.I. 2006/3118), art. 36

C3 S. 93 modified (1.4.1996) by 1994 c. 19, s. 66(7), Sch. 17 Pt. II para. 20(2)-(5) (with ss. 54(5)(7), 55(5), Sch. 17 para. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

Ss. 93-102 restricted (1.4.1996) by 1994 c. 19, s. 66(7), Sch. 17 Pt. II para. 20(5) (with ss. 54(5)(7), 55(5), Sch. 17 para. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

Ss. 93-102 applied (28.7.1998) by 1998 c. iii, Sch. Part VI s. 52

Ss. 93-102 applied (24.7.2001) by S.I. 2001/3627, art. 51

C4 S. 93(7)(a) : Power to amend conferred (1.4.2003) by Travel Concessions (Eligibility) Act 2002 (c. 4), s. 1(1)(4); S.I. 2002/673, art. 2; S.I. 2002/3014, art.2

Marginal Citations

M1 1988 c. 52.

93 Travel concession schemes. S

(1) Any local authority, or any two or more local authorities acting jointly, may establish a travel concession scheme for the provision of travel concessions on journeys on public passenger transport services—

(a) between places in the principal area covered by the scheme;

(b) between such places and places outside but in the vicinity of that area; or

(c) between places outside but in the vicinity of that area;

by operators of such services participating in the scheme.

(2) For the purposes of this section, the principal area covered by a scheme under this section is—

(a) the area of the local authority concerned or, where two or more such authorities are concerned, the area comprising the areas of both or all those authorities; or

(b) if an area comprised within the area which would be the principal area under paragraph (a) above is specified in the scheme as being the principal area to which the scheme applies, the area so specified.

(3) Any travel concession scheme established under this section shall define—

(a) the travel concessions which are for the time being to be provided by operators participating in the scheme;

(b) the description of persons eligible in accordance with subsection (7) below to receive travel concessions under any such scheme who are for the time being to qualify for travel concessions provided under the scheme; and

(c) the dates in any year currently adopted as the dates on which operators may be admitted to participate in the scheme under section 96 of this Act (referred to below in this section as the standard admission dates);

and may include particulars of any other arrangements for the time being adopted by the authority or authorities concerned in establishing the scheme with respect to the operation, scope and application of the scheme.

(4) Any such scheme may define the standard admission dates by specifying particular dates, or by referring to dates of any specified description or separated by intervals of any specified length; but those dates, however determined, must not be separated by intervals of a length exceeding such period as may be prescribed.

(5) Arrangements adopted by the authority or authorities concerned in establishing any such scheme with respect to the operation, scope and application of the scheme (including the matters specifically mentioned in paragraphs (a) to (c) of subsection (3) above) may differ for different descriptions of concessions or services to which the scheme applies.

(6) Subject to section 94 of this Act, where an operator participating in any such scheme in respect of any services operated by him provides travel concessions in accordance with the scheme for persons travelling on those services, the authority responsible for administration of the scheme or (as the case may be) the authorities so responsible in such proportions respectively as they may agree among themselves shall reimburse that operator for providing those concessions.

(7) The persons eligible to receive travel concessions under any such scheme are—

[F3 (a) persons who have attained the age of 60 years;]

(b) persons whose age does not exceed sixteen years;

(c) persons whose age exceeds sixteen years but does not exceed eighteen years and who are undergoing full-time education;

(d) blind persons, that is to say, persons so blind as to be unable to perform any work for which sight is essential;

(e) persons suffering from any disability or injury which, in the opinion of the authority or any of the authorities responsible for administration of the scheme, seriously impairs their ability to walk; and

(f) such other classes of persons as the Secretary of State may by order specify.

(8) In this section “local authority”—

(a) means the council of a county or district in England and Wales or a [F4 regional or islands] council in Scotland; and

(b) includes also [F5 —

(i)] in relation to England and Wales, a metropolitan county passenger transport authority [F6 ; and

(ii) in relation to Scotland, Strathclyde Passenger Transport Authority]

(9) Unless the context otherwise requires, references in this section and in the provisions of this Part of this Act relating to schemes under this section to the authority or authorities responsible for administration of a scheme under this section are references—

(a) except in a case to which paragraph (b) [F7 or (c)] below applies, to the authority concerned in establishing the scheme or, where two or more authorities are so concerned, to both or all those authorities acting jointly; or

(b) in relation to England and Wales, a metropolitan county passenger transport authority where the authority or one of the authorities concerned in establishing the scheme are a Passenger Transport Authority for a passenger transport area in England and Wales, to the Passenger Transport Executive for that Authority’s area or (as the case may require) to that Executive and the other authority or authorities so concerned acting jointly [F8 ; or

(c) where the authority or one of the authorities concerned in establishing the scheme are Strathclyde Passenger Transport Authority, to Strathclyde Passenger Transport Executive or (as the case may require) to that Executive and the other authority or authorities so concerned acting jointly.]

(10) Where a Passenger Transport Authority have established a scheme under this section, whether alone or jointly with any other authority or authorities, they shall notify the Passenger Transport Executive for their area of any proposal to vary the scheme, giving particulars of the proposed variation.

Extent Information

E2 This version of this provision extends to Scotland only; a separate version extends to England and Wales only

Textual Amendments

F3 S. 93(7)(a) substituted (S.) (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 44(1), 62(2); S.S.I. 2003/134, art. 2(1), Sch.

F4 Words in s. 93(8)(a) repealed (S.) (1.4.1996) by S.I. 1996/974, art. 2(2), Sch. 2

F5 Words in s. 93(8)(b) renumbered as s. 93(8)(b)(i) (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 141(a)(i); S.I. 1996/323, art. 4(1)(b)(c)

F6 S. 93(8)(b)(ii) and preceding word inserted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 141(a)(ii); S.I. 1996/323, art. 4(1)(b)(c)

F7 Words in s. 93(9)(b)(i) inserted (S.) (1.4.1996) by 1994 c. 19, s. 180(1), Sch. 13 para. 141(b)(i); S.I. 1996/323, art. 4(1)(b)(c)

F8 S. 93(9)(c) and word immediately preceding inserted (S.) (1.4.1996) by 1994 c. 19, s. 180(1), Sch. 13 para. 141(b)(ii); S.I. 1996/323, art. 4(1)(b)(c)

Modifications etc. (not altering text)

C5 Ss. 93-100: functions transferred (S.) (1.11.2006) by The Transfer of Functions to the Shetland Transport Partnership Order 2006 (S.S.I. 2006/527), art. 3, Sch. 1 (with art. 5)

S. 93: functions transferred (S.) (7.11.2006) by The Transfer of Functions to the South-West of Scotland Transport Partnership Order 2006 (S.S.I. 2006/538), art. 3, Sch. 1 (with art. 5)

Ss. 93-101 applied (S.) (27.4.2006) by Edinburgh Tram (Line Two) Act 2006 (asp 6), s. 54(1) (with s. 75)

Ss. 93-101 applied (S.) (8.5.2006) by Edinburgh Tram (Line One) Act 2006 (asp 7), s. 54(1) (with s. 76, 84)

Ss. 93-102 applied (13.12.2006) by The Luton Dunstable Translink Order 2006; S.I. 2006/3118, art. 36

C6 S. 93 modified (1.4.1996) by 1994 c. 19, s. 66(7), Sch. 17 Pt. II para. 20(2)-(5) (with ss. 54(5)(7), 55(5), Sch. 17 para. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

Ss. 93-102 restricted (1.4.1996) by 1994 c. 19, s. 66(7), Sch. 17 Pt. II para. 20(5) (with ss. 54(5)(7), 55(5), Sch. 17 para. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

Ss. 93-102 applied (28.7.1998) by 1998 c. iii, Sch. Part VI s. 52

Ss. 93-102 applied (24.7.2001) by S.I. 2001/3627, art. 51