Chapter VIIIE+W+S Travel Concessions
240 Travel concessions on journeys in and around Greater London.E+W+S
(1)Subject to subsection (3) below, any local authority, or any two or more local authorities acting jointly, may enter into arrangements with Transport for London under which—
(a)Transport for London grants, or arranges with some other person for that other person to grant, such travel concessions as may be provided for by the arrangements to [F1such of the persons eligible to receive them in accordance with subsection (5) below as are specified in the arrangements]; and
(b)that local authority reimburses (or, as the case may be, those local authorities in such proportions respectively as they may agree amongst themselves reimburse) the cost incurred in granting those concessions.
(2)Subject to subsection (3) below, any London authority, or any two or more London authorities acting jointly, may enter into, with any independent transport service operator or with the [F2Secretary of State] , arrangements under which—
(a)that operator or (as the case may be) the [F2Secretary of State] grants such travel concessions as may be provided for by the arrangements to [F3such of the persons eligible to receive them in accordance with subsection (5) below as are specified in the arrangements]; and
(b)that authority reimburses (or, as the case may be, those authorities in such proportions respectively as they may agree among themselves reimburse) the cost incurred in granting those concessions.
(3)The concessions that may be provided for by any arrangements under subsection (1) or (2) above are concessions on journeys—
(a)between places in Greater London;
(b)between such places and places outside but in the vicinity of Greater London; or
(c)between places outside but in the vicinity of Greater London.
(4)Any arrangements entered into by a local authority under subsection (1) or (2) above may include provision for the performance of functions in connection with the travel concessions in question by the local authority or local authorities concerned.
(5)The persons eligible to receive travel concessions under arrangements made under subsection (1) or (2) above [F4by an authority are persons appearing to the authority to be persons],—
(a)who have attained pensionable age (within the meaning given by the rules in paragraph 1 of Schedule 4 to the M1Pensions Act 1995);
[F5(b)who are blind;
(c)who are partially sighted;
(d)who are profoundly or severely deaf;
(e)who are without speech;
(f)who have a disability, or have suffered an injury, which has a substantial and long-term adverse effect on their ability to walk;
(g)who do not have arms or have long-term loss of the use of both arms;
(h)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; or
(i)who, if they applied for the grant of a licence to drive a motor vehicle under Part III of the M2Road 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.]
[F6(5A)The Secretary of State may issue guidance to local authorities to which they must have regard in determining whether a person falls within subsection (5)(b) to (i) above.
(5B)Before issuing guidance under subsection (5A) above the Secretary of State shall consult—
(a)the Disabled Persons Transport Advisory Committee;
(b)associations representative of local authorities; and
(c)such other persons as he thinks fit.]
(6)In subsection (2) above independent transport service operator means any person, other than a person to whom subsection (7) below applies, operating—
(a)a public service vehicle undertaking (public service vehicle for this purpose having the meaning given by section 1 of the M3Public Passenger Vehicles Act 1981);
(b)a system using guided transport within the meaning of subsection (1) of section 67 of the M4Transport and Works Act 1992;
(c)a railway within the meaning of that subsection;
(d)a tramway within the meaning of that subsection;
(e)a trolley vehicle system within the meaning of that subsection; or
(f)an undertaking providing public passenger transport services on the river Thames or a tributary of the river Thames between places in Greater London or between places in Greater London and places outside Greater London.
(7)This subsection applies to—
(a)Transport for London or any of its subsidiaries;
(b)the [F7Secretary of State] ; and
(c)any person providing public passenger transport services in pursuance of an agreement entered into by Transport for London by virtue of section 156(2) or (3)(a) above or in pursuance of a transport subsidiary’s agreement.
(8)In this Chapter—
F8. . .
local authority means the council of a county or district and any London authority;
London authority means any London borough council and the Common Council; and
travel concession means the reduction or waiver of a fare or charge either absolutely or subject to terms, limitations or conditions.
(9)For the purposes of this Chapter a reference to an agreement entered into by Transport for London under section 156(2) or (3) above includes a reference to an agreement—
(a)which was entered into by London Regional Transport under section 3(2) or (2A) of the M5London Regional Transport Act 1984, and
(b)which by virtue of section 300 or 415 below has effect as if made by Transport for London.
Textual Amendments
F1Words in s. 240(1)(a) substituted (E.W.) (1.4.2001) by 2000 c. 38, s. 151(2)(3); S.I. 2000/3229, art. 2(3), Sch. Pt. III (with transitional provisions in art. 3)
F2Words in s. 240(2) substituted (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 12 para. 14(6); S.I. 2005/1909, art. 2, Sch.
F3Words in s. 240(2)(a) substituted (E.W.) (1.4.2001) by 2000 c. 38, s. 151(2)(3); S.I. 2000/3229, art. 2(3), Sch. Pt. III (with transitional provisions in art. 3)
F4Words in s. 240(5) substituted (E.W.) (1.4.2001) by 2000 c. 38, s. 151(2)(4); S.I. 2000/3229, art. 2(3), Sch. Pt. III (with transitional provisions in art. 3)
F5S. 240(5)(b)-(i) substituted for s.240(b)(c) (E.W.) (1.4.2001) by 2000 c. 38, s. 151(2)(4); S.I. 2000/3229, art. 2(3), Sch. Pt. III (with transitional provisions in art. 3)
F6S. 240(5A)(5B) inserted (E.W.) (1.4.2001) by 2000 c. 38, s. 151(2)(5); S.I. 2000/3229, art. 2(3), Sch. Pt. III (with transitional provisions in art. 3)
F7Words in s. 240(7) substituted (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 12 para. 14(6); S.I. 2005/1909, art. 2, Sch.
F8Definition in s. 240(8) omitted (1.2.2001) by 2000 c. 38, s. 215(1), Sch. 16 para. 67(1)(3) and repealed (1.2.2001 for E. by 2000 c. 38, s. 274, Sch. 31 Pt. III; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to transitional provisions and savings in Sch. 2 Pt. II) (which S.I. is amended by S.I. 2001/115, art. 2(2))
Modifications etc. (not altering text)
C1The first reference to "Transport for London" in s. 240(1) amended (temp. from 3.7.2000 to the date defined in S.I. 2000/1504, art. 2(6)) by S.I. 2000/1504, art. 5(1)
C2S. 240(7) extended (3.7.2000) by S.I. 2000/1504, art. 5(5)
Marginal Citations
241 Reserve free travel scheme for London residents.E+W+S
(1)If immediately before 1st January in any financial year it appears to Transport for London that there are not for the time being in force arrangements under section 240(1) above for travel concessions for London residents which—
(a)meet the requirements of section 242 below as to scope,
(b)meet the requirements of section 243 below as to uniformity, and
(c)will apply throughout the next following financial year,
there shall have effect during that next following financial year a scheme (the free travel scheme) for the purpose of ensuring that travel concessions are provided for [F9all]eligible London residents.
(2)Where individual arrangements under section 240(1) above made between a particular local authority or local authorities and Transport for London apply to certain eligible London residents only, all arrangements so made shall be considered together for the purpose of determining whether the requirements of sections 242 and 243 below are satisfied.
(3)In any financial year during which the free travel scheme has effect it shall be the duty of Transport for London to provide or secure the provision of the travel concessions for eligible London residents required by the free travel scheme.
(4)In this Chapter eligible London residents means persons resident in Greater London who are eligible in accordance with section 240(5) above to receive travel concessions under arrangements under subsection (1) of that section.
(5)Schedule 16 to this Act (which makes further provision relating to the free travel scheme) shall have effect.
Textual Amendments
F9Word in s. 241(1) inserted (E.W.) (1.4.2001) by 2000 c. 38, s. 151(6); S.I. 2000/3229, art. 2(3), Sch. Pt. III (with transitional provisions in arts. 3, 4)
Modifications etc. (not altering text)
C3S. 241(2) amended (temp. from 3.7.2000 to the date defined in S.I. 2000/1504, art. 2(6)) by S.I. 2000/1504, art. 6
242 Requirements as to scope.E+W+S
(1)Arrangements under section 240(1) above for travel concessions for London residents meet the requirements of this section as to scope if they provide
[F10(a)] for the grant of travel concessions to all eligible London residents on journeys falling within subsection (2) below [F11; and.
F11(b)for the travel concessions granted to them to include the concession specified in subsection (8) below.]
(2)[F12The journeys referred to in subsection (1)(a) above]are journeys of a description falling within section 240(3) above, on the London Local Transport Network.
(3)For the purposes of this Chapter, the London Local Transport Network consists of—
(a)bus services which together make up the London bus network within the meaning of section 181 above;
(b)services using a system of guided transport which are provided by Transport for London or under an agreement entered into by Transport for London under section 156(2) or (3)(a) above or under a transport subsidiary’s agreement;
(c)railway services which are so provided;
(d)tramway services which are so provided; and
(e)services on the river Thames or a tributary of the river Thames which are so provided.
(4)In subsection (3) above guided transport, railway and tramway have the same meanings as in section 240(6) above.
(5)[F13Subsection (1)(a) above does]not preclude the imposition of terms, limitations or conditions with respect to the particular journeys falling within subsection (2) above on which travel concessions are available.
(6)Such terms, limitations or conditions may make different provision for different categories of eligible London residents.
(7)In this Chapter a reference to a category of eligible London residents is a reference to [F14a category specified in any one of the paragraphs]of section 240(5) above.
[F15(8)The travel concession which must be included is a [F16waiver of the fare] for each journey on the London bus network which begins—
(a)at any time on a Saturday or Sunday or on any day which is a bank holiday in England and Wales under the M6Banking and Financial Dealings Act 1971; or
(b)in the period from midnight to 4.30 a.m, or the period from 9.30 a.m. to midnight, on any other day.
F17(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15(10)The Secretary of State may by order amend this section for or in connection with securing that subsection (8) above provides for the reduction of fares to less than one-half of those applicable to adults who are not entitled to any reduction or for waiver of fares.]
Textual Amendments
F10Word "(a)" in s. 242(1) inserted (1.4.2001) by 2000 c. 38, s. 151(7)(8); S.I. 2000/3229, art. 2(3), Sch. Pt. III (with transitional provisions in art. 3)
F11Word in s. 242(1)(a) and s. 242(1)(b) inserted (1.4.2001) by 2000 c. 38, s. 151(7)(8); S.I. 2000/3229, art. 2(3), Sch. Pt. III (with transitional provisions in arts. 3, 4)
F12Words in s. 242(2) substituted (E.W) (1.4.2001) by 2000 c. 38, s. 151(7)(9); S.I. 2000/3229, art. 2(3), Sch. Pt. III (with transitional provisions in arts. 3, 4)
F13Words in s. 242(5) substituted (E.W.) (1.4.2001) by 2000 c. 38, s. 151(7)(10); S.I. 2000/3229, art. 2(3), Sch. Pt. III (with transitional provisions in arts. 3, 4)
F14Words in s. 242(7) substituted (E.W.) (1.4.2001) by 2000 c. 38, s. 151(7)(11); S.I. 2000/3229, art. 2(3), Sch. Pt. III (with transitional provisions in arts. 3, 4)
F15S. 242(8)-(10) inserted (E.W.) (1.4.2001) by 2000 c. 38, s. 151(7)(12); S.I. 2000/3229, art. 2(3), Sch. Pt. III (with transitional provisions in arts. 3, 4)
F16Words in s. 242(8) substituted (30.12.2005) by The Travel Concessions (Extension of Entitlement) (England) Order 2005 (S.I. 2005/3224), arts. 1(2), 2(a)
F17S. 242(9) omitted (30.12.2005) by virtue of The Travel Concessions (Extension of Entitlement) (England) Order 2005 (S.I. 2005/3224), arts. 1(2), 2(b)
Modifications etc. (not altering text)
C4S. 242(3) extended (temp. from 3.7.2000 to the date defined in S.I. 2000/1504, art. 2(b)) by S.I. 2000/1054, art. 7
Marginal Citations
243 Requirements as to uniformity.E+W+S
(1)Arrangements under section 240(1) above for travel concessions for London residents meet the requirements of this section as to uniformity if they—
(a)make the same provision, for all eligible London residents of the same category, with respect to the benefit of any travel concession granted to those residents under the arrangements and the periods during which it is available;
(b)make the enjoyment of the benefit of any travel concession granted under the arrangements conditional on the production, by any person seeking to travel under that concession, of a travel concession permit issued to him in accordance with the arrangements; and
(c)make the same provision with respect to the period of validity of all travel concession permits issued in accordance with the arrangements to eligible London residents of the same category,
whether or not, in any other respects, the arrangements make different provision for different cases to which they apply.
(2)References in subsection (1) above to the benefit of a travel concession are references to the waiver or reduction of any fare or charge to which the arrangements in question apply, as distinct from any terms, limitations or conditions applicable to that waiver or reduction in accordance with the arrangements.
(3)For the requirements of this section as to uniformity to be met it is sufficient that those requirements are met in relation to each description of services comprising the London Local Transport Network individually.
(4)The reference in subsection (3) above to a description of services is a reference to the descriptions mentioned in paragraphs (a) to (e) of section 242(3) above.
(5)In this Chapter travel concession permit means, in relation to a travel concession granted under or by virtue of this Chapter, a document in any form indicating that the person to whom it is issued is a person entitled in accordance with the provisions of this Chapter to receive the concession in question.
[F18(6)No charge may be made for the issue to an eligible London resident of a travel concession permit relating to the travel concession specified in section 242(8) above.]
Textual Amendments
F18S. 243(6) inserted (E.W.) (1.4.2001) by 2000 c. 38, s. 151(7)(13); S.I. 2000/3229, art. 2(3), Sch. Pt. III (with transitional provisions in arts. 3, 4)
244 Exercise of functions by a joint committee.E+W+S
(1)If all the London authorities enter into arrangements under section 101(5) of the M7Local Government Act 1972 for the joint discharge of their functions under—
(a)subsection (1) of section 240 above, or
(b)subsection (2) of that section,
and the arrangements so provide, then this section shall apply.
(2)The arrangements shall have effect for such period as may be specified in the arrangements or until otherwise terminated by the unanimous decision of the London authorities.
(3)The arrangements must provide for the function to be discharged only by a joint committee under section 101(5)(a) of the M8Local Government Act 1972.
(4)The joint committee must consist of one member of each London authority.
(5)Decisions of the joint committee must be unanimous decisions of those present and voting.
(6)Subsection (5) above is subject to a resolution of the joint committee, passed unanimously by those present and voting, that—
(a)decisions of a kind specified in the resolution, or
(b)decisions generally,
may be made by such majority of those present and voting as may be specified in the resolution.
(7)The majority specified in a resolution under subsection (6) above must be not less than two-thirds of the members of the joint committee.
(8)In consequence of the preceding provisions of this section—
(a)section 102 of the M9Local Government Act 1972 (appointment of committees) has effect in relation to the joint committee subject to those provisions; and
(b)paragraph 39(1) of Schedule 12 to that Act (questions to be decided by simple majority), as applied to a joint committee by paragraph 44(1) of that Schedule, does not have effect in relation to the joint committee.