(1)Any person to whom a current statutory travel concession permit has been issued by a travel concession authority and who travels on an eligible service on a journey—
(a)between places in the authority’s area, and
(b)beginning at a relevant time,
is entitled, on production of the permit, to [F1be provided with a half-price travel concession] [F1a concession consisting of a waiver of the fare for the journey] by the operator of the service.
[F2(1A)But where a person’s current statutory travel concession permit has been issued by a travel concession authority in Wales, subsection (1) has effect—
(a)as if it referred to a journey (beginning at any time)—
(i)between places in the authority’s area,
(ii)between a place in the authority’s area and a place outside, but in the vicinity of that area, or
(iii)between places outside, but in the vicinity of that area, and
(b)as if it provided for waiver of the fare for the journey.
(1B)And if the permit is in a form approved by the National Assembly for Wales for the purpose of this subsection, subsection (1A) has effect as if each reference in it to the authority’s area were to Wales.]
(2)A travel concession authority must, on an application made to it by any person who appears to the authority to be an elderly or disabled person [F3or, where the application is made to a travel concession authority in Wales for a permit which is to take effect on or after 1 April 2003, a person over the age of sixty years but who is not an elderly 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 in subsection (1).
(3)In this section “statutory travel concession permit” means a permit issued pursuant to subsection (2).
[F4(3A)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 clearly on the permit.
(3B)Where a person whose current statutory travel concession permit is marked in accordance with subsection (3A) 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 person’s companion for that journey) is also entitled to waiver of the fare for the journey.]
(4)The Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may issue guidance to travel concession authorities to which they must have regard in determining for the purposes of subsection (2) whether a person is a disabled person.
(5)Before issuing guidance under subsection (4) the Secretary of State or the National Assembly for Wales shall consult—
(a)the Disabled Persons Transport Advisory Committee,
(b)associations representative of travel concession authorities, and
(c)such other persons as he or it thinks fit.
(6)A person entitled to be issued with a statutory travel concession permit by a travel concession authority 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 period to receive travel concessions under a scheme under section 93 of the M1Transport Act 1985 (if the scheme provides that a person may not receive travel concessions under the scheme unless he so agrees).
(7)The Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may by regulations make provision about agreements within subsection (6).
(8)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).
Textual Amendments
F1Words in s. 145(1) substituted (E.) (1.4.2006) by The Travel Concessions (Extension of Entitlement) (England) Order 2005 (S.I. 2005/3224), arts. 1(3), 3(2) (with art. 3(5))
F2S. 145 (1A)(1B) inserted (W.) (1.4.2002) by S.I. 2001/3765, art. 4
F3Words in s. 145(2) inserted (W.) (1.4.2002) by S.I. 2001/3765, art. 5(1) and repealed (1.4.2003) by virtue of S.I. 2001/3765, art. 5(2); 2002 c. 4. s. 1(3); S.I. 2002/3014, art. 2
F4S. 145(3A)(3B) inserted (W.) (1.4.2002) by S.I. 2001/3765, art. 6
Commencement Information
I1S. 145 wholly in force at 1.4.2002; s. 145 not in force at Royal Assent see s. 275(1)(2); s. 145(1)-(3) in force (E.) (1.1.2001 and 1.2.2001 for specified purposes otherwise 1.6.2001), s. 145(6) in force (E.) (1.2.2001 for specified purposes otherwise 1.6.2001) and s. 145(4)(5)(7)(8) in force (E.) (1.2.2001) by S.I. 2000/3229, art. 2, Sch. Pts. I, II, IV; s. 145(4)-(8) in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 5; s. 145(1)-(3) in force (W.) at 1.4.2002 by S.I. 2001/2788, art. 3, Sch. 2 para. 1
Marginal Citations