Concessionary Bus Travel Act 2007

SCHEDULES

Section 5

SCHEDULE 1 E+W The London free travel scheme

1 E+W Amend Schedule 16 to the 1999 Act as follows.

Commencement Information

I1 Sch. 1 para. 1 in force at 17.10.2007 for specified purposes by S.I. 2007/2799, art. 2 (with art. 4)

I2 Sch. 1 para. 1 in force at 1.4.2008 in so far as not already in force by S.I. 2007/2799, art. 3 (with art. 4)

Concession required for all eligible England residents E+W

2 E+W At the beginning of the Schedule insert—

“Concession required for all eligible England residents E+W

A1 In any financial year during which the free travel scheme has effect, the concession required by the scheme in the case of all eligible England residents is the waiver, on production of a travel concession permit issued to any such resident under—

(a) paragraph 4(2) below (in the case of an eligible London resident), or

(b) section 145A(4) of the Transport Act 2000 (in the case of any other eligible England resident),

of any fare otherwise payable by the person to whom it was issued for any journey falling within section 242(8) of this Act.”

Commencement Information

I3 Sch. 1 para. 2 in force at 17.10.2007 for specified purposes by S.I. 2007/2799, art. 2 (with art. 4)

I4 Sch. 1 para. 2 in force at 1.4.2008 in so far as not already in force by S.I. 2007/2799, art. 3 (with art. 4)

Additional concession required for blind eligible London residents E+W

3 (1) In paragraph 1— E+W

(a) for “the concession required” substitute “ the additional concession required ”;

(b) at the end of the paragraph insert “ (so far as not falling within section 242(8) of this Act) ”.

(2) For the italic heading before paragraph 1 substitute “ Additional concession required for blind eligible London residents ”.

Commencement Information

I5 Sch. 1 para. 3 in force at 17.10.2007 for specified purposes by S.I. 2007/2799, art. 2 (with art. 4)

I6 Sch. 1 para. 3 in force at 1.4.2008 in so far as not already in force by S.I. 2007/2799, art. 3 (with art. 4)

Additional concession required for other eligible London residents E+W

4 (1) Amend paragraph 2 as follows. E+W

(2) In sub-paragraph (1), for “the concession required” substitute “ the additional concession required ”.

(3) In sub-paragraph (2), in the opening words, after “falling within section 242(2) of this Act” insert “ (so far as not falling within section 242(8) of this Act) ”.

(4) For the italic heading before paragraph 2 substitute “ Additional concession required for other eligible London residents ”.

Commencement Information

I7 Sch. 1 para. 4 in force at 17.10.2007 for specified purposes by S.I. 2007/2799, art. 2 (with art. 4)

I8 Sch. 1 para. 4 in force at 1.4.2008 in so far as not already in force by S.I. 2007/2799, art. 3 (with art. 4)

Issue of permits E+W

5 (1) Amend paragraph 4 as follows. E+W

(2) After sub-paragraph (1) insert—

“(1A) The Secretary of State may by regulations make provision about the form and period of validity of the travel concession permits.”

(3) In sub-paragraph (2), for “is resident in” substitute “ whose sole or principal residence is in ”.

(4) In sub-paragraph (3), after “shall” insert “ (subject to any regulations under sub-paragraph (1A) above) ”.

(5) After sub-paragraph (3) insert—

“(4) But no charge may be made for the issue by any London authority of such a permit.”

Commencement Information

I9 Sch. 1 para. 5 in force at 17.10.2007 for specified purposes by S.I. 2007/2799, art. 2 (with art. 4)

I10 Sch. 1 para. 5 in force at 1.4.2008 in so far as not already in force by S.I. 2007/2799, art. 3 (with art. 4)

Charges made for permits E+W

6 E+W In paragraph 5(7)(a), after “section 242(3) of this Act” insert “ or a service outside Greater London which, but for section 179(2), would be part of the London bus network ”.

Commencement Information

I11 Sch. 1 para. 6 in force at 17.10.2007 for specified purposes by S.I. 2007/2799, art. 2 (with art. 4)

I12 Sch. 1 para. 6 in force at 1.4.2008 in so far as not already in force by S.I. 2007/2799, art. 3 (with art. 4)

Section 13(1)

SCHEDULE 2 E+W Minor and consequential amendments

Transport Act 1985 (c. 67) E+W

1 E+W Amend the Transport Act 1985 as follows.

Commencement Information

I13 Sch. 2 para. 1 in force at 17.10.2007 for specified purposes by S.I. 2007/2799, art. 2 (with art. 4)

I14 Sch. 2 para. 1 in force at 1.4.2008 in so far as not already in force by S.I. 2007/2799, art. 3 (with art. 4)

2 E+W In section 98 (travel concession schemes: further provisions with respect to participation notices), after subsection (4) insert—

“(4A) But if the participation notice was served on the person by one or more authorities in England only—

(a) subsection (3) above shall have effect as if for “twenty-eight days beginning with the date of the participation notice” there were substituted “ fifty-six days beginning with the date provided for in relation to the participation notice by virtue of section 97(5)(a) above ”; and

(b) subsection (4) above shall have effect as if for paragraph (a) there were substituted—

“(a) if the person is required by the participation notice to give a prescribed number of days' notice (or, if no number of days is prescribed, seven days' notice), at least that number of days before the date of the notice given to the Secretary of State under subsection (3) above; or”.”

Commencement Information

I15 Sch. 2 para. 2 in force at 17.10.2007 for specified purposes by S.I. 2007/2799, art. 2 (with art. 4)

I16 Sch. 2 para. 2 in force at 1.4.2008 in so far as not already in force by S.I. 2007/2799, art. 3 (with art. 4)

3 E+W In section 103 (no subsidies for concessions available under a scheme), in subsection (3), for “section 145(1)” substitute “ section 145A(1) or 145B(1) ”.

Commencement Information

I17 Sch. 2 para. 3 in force at 17.10.2007 for specified purposes by S.I. 2007/2799, art. 2 (with art. 4)

I18 Sch. 2 para. 3 in force at 1.4.2008 in so far as not already in force by S.I. 2007/2799, art. 3 (with art. 4)

4 E+W In section 104 (travel concessions on services provided by Passenger Transport Executives), in each of subsections (1) and (2)(aa), for “section 145(1)” substitute “ section 145A(1) ”.

Commencement Information

I19 Sch. 2 para. 4 in force at 17.10.2007 for specified purposes by S.I. 2007/2799, art. 2 (with art. 4)

I20 Sch. 2 para. 4 in force at 1.4.2008 in so far as not already in force by S.I. 2007/2799, art. 3 (with art. 4)

5 E+W In section 105 (travel concessions on services provided by local authorities), in subsection (1), for “section 145(1)” substitute “ section 145A(1) or 145B(1) ”.

Commencement Information

I21 Sch. 2 para. 5 in force at 17.10.2007 for specified purposes by S.I. 2007/2799, art. 2 (with art. 4)

I22 Sch. 2 para. 5 in force at 1.4.2008 in so far as not already in force by S.I. 2007/2799, art. 3 (with art. 4)

6 E+W In section 137 (general interpretation), in subsection (7), for “he proves” substitute “ it is proved ”.

Commencement Information

I23 Sch. 2 para. 6 in force at 17.10.2007 for specified purposes by S.I. 2007/2799, art. 2 (with art. 4)

I24 Sch. 2 para. 6 in force at 1.4.2008 in so far as not already in force by S.I. 2007/2799, art. 3 (with art. 4)

Greater London Authority Act 1999 (c. 29) E+W

7 E+W Amend the 1999 Act as follows.

Commencement Information

I25 Sch. 2 para. 7 in force at 17.10.2007 for specified purposes by S.I. 2007/2799, art. 2 (with art. 4)

I26 Sch. 2 para. 7 in force at 1.4.2008 in so far as not already in force by S.I. 2007/2799, art. 3 (with art. 4)

8 E+W In section 244 (exercise of functions by a joint committee), in subsection (1), at the end of paragraph (b) insert “or

(c) sections 148 to 150 of the Transport Act 2000 (enforcement and reimbursement of mandatory concession for journeys not beginning on the London bus network),”.

Commencement Information

I27 Sch. 2 para. 8 in force at 17.10.2007 for specified purposes by S.I. 2007/2799, art. 2 (with art. 4)

I28 Sch. 2 para. 8 in force at 1.4.2008 in so far as not already in force by S.I. 2007/2799, art. 3 (with art. 4)

9 E+W In section 420 (regulations and orders), in subsection (7), insert each of the following at the appropriate place—

(a) “ section 243(7); ”, and

(b) “ paragraph 4(1A) of Schedule 16; ”.

Commencement Information

I29 Sch. 2 para. 9 in force at 17.10.2007 for specified purposes by S.I. 2007/2799, art. 2 (with art. 4)

I30 Sch. 2 para. 9 in force at 1.4.2008 in so far as not already in force by S.I. 2007/2799, art. 3 (with art. 4)

Transport Act 2000 (c. 38) E+W

10 E+W Amend the 2000 Act as follows.

Commencement Information

I31 Sch. 2 para. 10 in force at 17.10.2007 for specified purposes by S.I. 2007/2799, art. 2 (with art. 4)

I32 Sch. 2 para. 10 in force at 1.4.2008 in so far as not already in force by S.I. 2007/2799, art. 3 (with art. 4)

11 E+W After section 145A (England: mandatory concessions for journeys not beginning on the London bus network) insert—

“145B Wales: mandatory concessions

(1) Any person to whom a current statutory travel concession permit has been issued by a travel concession authority in Wales and who travels on an eligible service on a journey (beginning at any time)—

(a) between places in the authority's area,

(b) between a place in the authority's area and a place outside but in the vicinity of that area, or

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

is entitled, on production of the permit, to a concession consisting of a waiver of the fare for the journey by the operator of the service.

(2) And if the permit is in a form approved by the Welsh Ministers for the purpose of this subsection, subsection (1) has effect as if each reference in it to the authority's area were to Wales.

(3) A travel concession authority in Wales must, on an application made to it by any person who appears to the authority to be an elderly or disabled 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).

(4) 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.

(5) Where a person whose current statutory travel concession permit is marked in accordance with subsection (4) 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.

(6) The Welsh Ministers may issue guidance to travel concession authorities in Wales to which they must have regard in determining for the purposes of subsection (3) whether a person is a disabled person.

(7) Before issuing guidance under subsection (6) the Welsh Ministers shall consult—

(a) the Disabled Persons Transport Advisory Committee,

(b) associations representative of travel concession authorities, and

(c) such other persons as they think fit.

(8) A person entitled to be issued with a statutory travel concession permit by a travel concession authority in Wales 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 Transport Act 1985 (if the scheme provides that a person may not receive travel concessions under the scheme unless he so agrees).

(9) The Welsh Ministers may by regulations make provision about agreements within subsection (8).

(10) 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).

(11) In this section “statutory travel concession permit” means a permit issued pursuant to subsection (3).”

Commencement Information

I33 Sch. 2 para. 11 in force at 17.10.2007 for specified purposes by S.I. 2007/2799, art. 2 (with art. 4)

I34 Sch. 2 para. 11 in force at 1.4.2008 in so far as not already in force by S.I. 2007/2799, art. 3 (with art. 4)

12 E+W In section 146 (mandatory concessions: supplementary), the definition of “a half-price travel concession” applies in relation to England as in relation to Wales.

Commencement Information

I35 Sch. 2 para. 12 in force at 17.10.2007 for specified purposes by S.I. 2007/2799, art. 2 (with art. 4)

I36 Sch. 2 para. 12 in force at 1.4.2008 in so far as not already in force by S.I. 2007/2799, art. 3 (with art. 4)

13 (1) Amend section 147 (variation of mandatory concessions) as follows. E+W

(2) For the words from “The Secretary of State” to “section 145(1)” substitute “ The Welsh Ministers may by order amend either or both of sections 145B and 146 for or in connection with securing that section 145B(1) ”.

(3) For the heading substitute “ Wales: variation of mandatory concessions ”.

Commencement Information

I37 Sch. 2 para. 13 in force at 17.10.2007 for specified purposes by S.I. 2007/2799, art. 2 (with art. 4)

I38 Sch. 2 para. 13 in force at 1.4.2008 in so far as not already in force by S.I. 2007/2799, art. 3 (with art. 4)

14 E+W In section 148 (enforcement), in subsection (1), for “145(1)” substitute “ 145A(1) or 145B(1) ”.

Commencement Information

I39 Sch. 2 para. 14 in force at 17.10.2007 for specified purposes by S.I. 2007/2799, art. 2 (with art. 4)

I40 Sch. 2 para. 14 in force at 1.4.2008 in so far as not already in force by S.I. 2007/2799, art. 3 (with art. 4)

15 E+W In section 162(1) (interpretation of Part 2)—

(a) the definition of “half-price travel concession” applies in relation to England as in relation to Wales;

(b) insert at the appropriate place—

““London authority” has the meaning given in section 146,”.

Commencement Information

I41 Sch. 2 para. 15 in force at 17.10.2007 for specified purposes by S.I. 2007/2799, art. 2 (with art. 4)

I42 Sch. 2 para. 15 in force at 1.4.2008 in so far as not already in force by S.I. 2007/2799, art. 3 (with art. 4)

Section 13(2)

SCHEDULE 3 E+W Repeals and revocations

Commencement Information

I43 Sch. 3 in force at 17.10.2007 for specified purposes by S.I. 2007/2799, art. 2 (with art. 4)

I44 Sch. 3 in force at 1.4.2008 in so far as not already in force by S.I. 2007/2799, art. 3 (with art. 4)

Title and number	Extent of repeal or revocation
Greater London Authority Act 1999 (c. 29)	In section 241— (a) in subsection (1), in the opening words, “for London residents”; (b) in the heading, “for London residents”. In section 242— (a) in subsection (1), in the opening words, “for London residents”; (b) subsection (10). In section 243(1), in the opening words, “for London residents”. In section 420(8), “section 242(10);”.
Transport Act 2000 (c. 38)	In section 146, in the definition of “travel concession authority”, the word “or” at the end of paragraph (c). Section 151(12). In Schedule 11, paragraph 23.
Travel Concessions (Extension of Entitlement) (Wales) Order 2001 (S.I. 2001/3765)	The whole order.
Travel Concessions (Extension of Entitlement) (England) Order 2005 (S.I. 2005/3224)	The whole order.