Office of Public Sector Information
PART II continued
(7) Before making any regulations by virtue of subsection (6)(b) or (c) the Secretary of State shall consult—
(a) Transport for London, and
(b) the London local authorities affected by the regulations.
(8) Regulations under subsection (1) shall include provision—
(a) specifying the person by whom a penalty charge in respect of any contravention is to be paid (who may be the registered keeper of the motor vehicle involved in the contravention, its driver at the time of the contravention or any other appropriate person),
(b) permitting the imposition of a penalty charge only on the basis of a record produced by an approved device,
(c) securing that a penalty charge in respect of a contravention is not required to be paid, or is refunded, where the conduct constituting the contravention is the subject of criminal proceedings or where a fixed penalty notice has been given in respect of that conduct, and
(d) as to the application of sums paid by way of penalty charges.
(9) Regulations under subsection (1) shall include provision for the level of penalty charges in the case of approved local authorities to be set by the authorities subject to the approval of the relevant national authority; and sections 74 and 74A of the [1991 c. 40.] Road Traffic Act 1991 apply to penalty charges in the case of Transport for London and London local authorities as they apply to additional parking charges.
(10) Regulations under subsection (1) may—
(a) specify exemptions from penalty charges,
(b) make provision for discounts or surcharges (or both), and
(c) make provision about the keeping of accounts, and the preparation and publication of statements of account, relating to sums paid by way of penalty charges.
(11) The Lord Chancellor may make regulations about the notification, adjudication and enforcement of penalty charges.
(12) Regulations under subsection (11) may include—
(a) provision creating criminal offences to be triable summarily and punishable with a fine not exceeding level 5 on the standard scale or such lower amount as is prescribed by the regulations, and
(b) provision for or in connection with permitting evidence of a fact to be given by the production of a record produced by an approved device with a certificate as to the circumstances in which the record was produced,
but may not confer power to stop motor vehicles.
(13) Regulations under this section made by the Secretary of State or the Lord Chancellor may make provision in respect of Greater London different from that in respect of the rest of England.
(14) In this section—
“approved device” means a device of a description specified in an order made by the relevant national authority,
“bus” includes a tramcar (within the meaning of section 141A of the [1984 c. 27.] Road Traffic Regulation Act 1984) and a trolley vehicle (within the meaning of that section),
“experimental traffic order” means an order under section 9 of that Act,
“fixed penalty notice” has the same meaning as in Part III of the [1988 c. 53.] Road Traffic Offenders Act 1988,
“London local authority” means a London borough council or the Common Council of the City of London,
“motor vehicle” has the meaning given in section 185(1) of the [1988 c. 52.] Road Traffic Act 1988, except that section 189 of that Act (exception for certain pedestrian controlled vehicles and electrically assisted pedal cycles) shall apply as it applies for the purposes of the Road Traffic Acts,
“registered keeper”, in relation to a contravention involving a motor vehicle, means the person in whose name the motor vehicle was registered under the [1994 c. 22.] Vehicle Registration and Excise Act 1994 at the time of the contravention,
“relevant national authority” means—
the Secretary of State as respects England, or
the National Assembly for Wales as respects Wales,
“road” has the same meaning as in the [1984 c. 27.] Road Traffic Regulation Act 1984,
“temporary traffic restriction order” means an order under section 14 or 16A of that Act, and
“traffic regulation order” means an order under section 1 or 6 of that Act.
(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 be provided with a half-price travel concession by the operator of the service.
(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 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).
(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 [1985 c. 67.] Transport 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).
In this Part—
“disabled person” means a person who—
is blind or partially sighted,
is profoundly or severely deaf,
is without speech,
has a disability, or has suffered an injury, which has a substantial and long-term adverse effect on his ability to walk,
does not have arms or has long-term loss of the use of both arms,
has a learning disability, that is, a state of arrested or incomplete development of mind which includes significant impairment of intelligence and social functioning, or
would, if he applied for the grant of a licence to drive a motor vehicle under Part III of the [1988 c. 52.] Road Traffic Act 1988, have his application refused pursuant to section 92 of that Act (physical fitness) otherwise than on the ground of persistent misuse of drugs or alcohol,
“elderly person” means a person who has attained pensionable age (within the meaning given by the rules in paragraph 1 of Schedule 4 to the [1995 c. 26.] Pensions Act 1995),
“eligible service” means—
until section 92 of the [1965 c. 25.] Finance Act 1965 (grants towards duty charged on bus fuel) ceases to have effect as a result of section 154(6), a service in relation to which fuel used in operating the service falls to be taken into account for the purpose of calculating grant payable to the operator of the service under section 92 of that Act, and
after that time, a bus service of a class specified in an order made by the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales),
“a half-price travel concession”, in relation to a journey, means reduction of the fare for the journey to not more than one-half of that applicable to an adult who is not entitled to any reduction,
“relevant time” means—
any time on a Saturday or Sunday or on any day which is a bank holiday in England and Wales under the [1971 c. 80.] Banking and Financial Dealings Act 1971, or
a time during the period from 9.30 a.m. to 11 p.m. on any other day, and
“travel concession authority” means—
a non-metropolitan district council in England,
a council of a county in England so far as they are the council for an area for which there are no district councils,
a Passenger Transport Executive for a passenger transport area in England, or
a county council or county borough council in Wales.
The Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may by order amend either or both of sections 145 and 146 for or in connection with securing that section 145(1)—
(a) applies to any person for the time being eligible to receive travel concessions under a scheme under section 93 of the [1985 c. 67.] Transport Act 1985 or to any such person of a specified description (as well as to any elderly person and any disabled person),
(b) applies to travel on any public passenger transport service or to travel on any such service of a specified description (as well as to travel on an eligible service),
(c) applies to a journey between a place in a travel concession authority’s area and a place outside but in the vicinity of that area or to a journey between places outside but in the vicinity of that area (as well as to a journey between places in that area),
(d) 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, or
(e) applies, or does not apply, to a journey beginning at a specified time.
(1) An operator commits an offence if he systematically fails to comply with the obligation under section 145(1) during any period.
(2) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(3) Proceedings for an offence under this section shall not be instituted except—
(a) by a travel concession authority, or
(b) by or with the consent of the Director of Public Prosecutions;
and any authority who would not otherwise have power to bring such proceedings shall accordingly have that power.
(1) Where an operator provides concessions under section 145(1) for persons who reside in a travel concession authority’s area, the authority shall reimburse the operator for providing the concessions.
(2) Subject to regulations under subsection (3), the arrangements with respect to reimbursement shall be—
(a) such as the travel concession authority may agree with the operators who provide concessions for persons who reside in their area, or
(b) in the absence of agreement, such as may be determined by the authority (being the same in the case of all of those operators) not later than 28 days before the date on which the arrangements, or any variations of the arrangements, are to come into operation.
(3) The Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may by regulations make provision—
(a) with respect to the determination by travel concession authorities of the amounts to be paid to individual operators, or to any class of operators, by way of reimbursement,
(b) as to the manner of making any payments due to operators by way of reimbursement, and
(c) about the terms on which, and the extent to which, travel concession authorities may employ any person as their agent for the purpose of making payments due to operators by way of reimbursement and the descriptions of persons who may be so employed.
(1) At least four months before the coming into operation of, or of any variations of, any arrangements with respect to reimbursement determined by a travel concession authority in accordance with section 149(2)(b), the authority shall publish the proposed arrangements, or the proposed variations, in such manner as they consider appropriate.
(2) Following publication—
(a) copies of the published material shall be made available at the principal office of the authority,
(b) a copy of it shall be supplied to every operator of local services who would, in the opinion of the authority, be affected by the proposals, and
(c) a copy of it shall be supplied to any person on request (whether at the principal office or by post), either free of charge or at a charge representing no more than the cost of providing the copy.
(3) An operator who considers that he may be prejudicially affected by the proposals may apply to—
(a) the Secretary of State (in the case of arrangements determined by a travel concession authority in England), or
(b) the National Assembly of Wales (in the case of arrangements determined by such an authority in Wales),
for a modification of the proposed arrangements, or proposed variations, on the grounds that there are special reasons why they would be inappropriate with respect to one or more local services provided by him.
(4) An application under subsection (3) shall be made by notice in writing given not later than 28 days after the date on which the arrangements, or the variations, come into operation.
(5) An application under subsection (3) may not be made unless the applicant has previously given notice in writing of his intention to make the application to the travel concession authority by which the arrangements, or varied arrangements, are being, or have been, determined.
(6) The Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales)—
(a) may make regulations as to the form and content of notices under this section and the manner in which they are to be given,
(b) may appoint a person to determine an application under subsection (3) on his or its behalf, and
(c) may by regulations make provision as to the procedure to be followed in connection with applications under subsection (3).
(7) Regulations made under subsection (6)(c) may in particular make provision—
(a) as to the conduct of any proceedings held in connection with applications under subsection (3), and
(b) for applicants or travel concession authorities, or both, to make payments towards the expenses incurred in connection with the determination of such applications.
(8) On an application under subsection (3) the Secretary of State or the National Assembly for Wales, or (if a person is appointed under subsection (6)(b) to determine the application) the person so appointed, may direct—
(a) that the arrangements, or varied arrangements, are to have effect with such modifications as are specified in the direction from the time so specified, and
(b) that the authority shall make a payment of an amount specified in the direction to the applicant.
(1) Chapter VIII of Part IV of the [1999 c. 29.] Greater London Authority Act 1999 (travel concessions on journeys in and around Greater London) has effect subject to the following amendments.
(2) Section 240 (travel concessions on journeys in and around Greater London) is amended as follows.
(3) In subsections (1) and (2), for “any persons eligible to receive them in accordance with subsection (5) below” substitute “such of the persons eligible to receive them in accordance with subsection (5) below as are specified in the arrangements”.
(4) In subsection (5), for “are persons, or any description of persons,” substitute “by an authority are persons appearing to the authority to be persons” and for paragraphs (b) and (c) substitute—
“(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 [1988 c. 52.] 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.”
(5) After that subsection insert—
“(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 section 241(1) (reserve free travel scheme), after “provided for” insert “all”.
(7) Section 242 (requirements as to scope of concessions which must be given if free travel scheme is not to have effect) is amended as follows.
(8) In subsection (1), after “provide” insert “(a)” and insert at the end “; and
(b) for the travel concessions granted to them to include the concession specified in subsection (8) below.”
(9) In subsection (2), for “Those journeys” substitute “The journeys referred to in subsection (1)(a) above”.
(10) In subsection (5), for “The requirements of this section as to scope do” substitute “Subsection (1)(a) above does”.
(11) In subsection (7), for “the categories of such residents mentioned in paragraphs (a), (b) and (c)” substitute “a category specified in any one of the paragraphs”.
(12) After that subsection insert—
“(8) The travel concession which must be included is a half-price concession 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 [1971 c. 80.] Banking 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.
(9) In subsection (8) above “half-price concession”, in relation to a journey, means the reduction of the fare for the journey to not more than one-half of that applicable to an adult who is not entitled to any reduction.
(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.”
(13) In section 243 (requirements as to uniformity), after subsection (5) insert—
“(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.”
(1) Part V of the [1985 c. 67.] Transport Act 1985 (expenditure on public passenger transport services) is amended as follows.
(2) In section 89 (obligation to invite tenders for subsidised services), for subsections (7) and (8) substitute—
“(7) An authority issuing an invitation to tender under this section shall, in determining whether to accept a tender submitted in response to the invitation or which (if any) of several such tenders to accept, have regard in particular to—
(a) a combination of economy, efficiency and effectiveness;
(b) the implementation of the policies set out in the appropriate bus strategy; and
(c) the reduction or limitation of traffic congestion, noise or air pollution.
(8) In subsection (7)(b) above “the appropriate bus strategy” means—
(a) in the case of a local transport authority (within the meaning of section 108(4) of the Transport Act 2000), their bus strategy;
(b) in the case of a district council which is not such an authority, the bus strategy of the council for the county in which the district is situated; and
(c) in the case of a Passenger Transport Executive for a passenger transport area, the bus strategy made jointly by the Passenger Transport Authority for the area and the councils for the metropolitan districts comprised in the area.”
(3) In section 90(3) (duty of authority to publish reasons for considering that payment of subsidies to secure service in accordance with accepted tender is conducive to achieving most effective and economic application of funds), for the words from “is conducive” to the end substitute “accords with section 89(7) of this Act.”
(4) In section 92(1) (authorities subsidising public passenger transport services not to inhibit competition between persons providing or seeking to provide such services in their area), for the words from “so conduct” to the end substitute “have regard to the interests of the public and of persons providing public passenger transport services in their area.”
Schedule 10 contains provision applying a competition test in relation to the exercise of functions relating to quality partnership schemes, ticketing schemes and subsidised local services.
(1) The Secretary of State with the approval of the Treasury (as respects England) or the National Assembly for Wales (as respects Wales) may make grants to operators of eligible bus services towards their costs in operating those services.
(2) The Secretary of State with the approval of the Treasury (as respects England) or the National Assembly for Wales (as respects Wales) may make provision by regulations as to the method of calculation of grants.
(3) Subject to the provisions of any such regulations, grants under this section shall be of such amount and subject to such conditions (including conditions requiring their repayment in specified circumstances) as may be determined by—
(a) the Secretary of State with the approval of the Treasury (as respects England), or
(b) the National Assembly for Wales (as respects Wales).
(4) A determination under subsection (3) may be made either generally or in relation to particular cases or classes of case.
(5) In this section “eligible bus services” means bus services of a class (or using vehicles of a class) prescribed by regulations made by the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales).
(6) Section 92 of the [1965 c. 25.] Finance Act 1965 (grants towards duty charged on bus fuel) and section 111 of the [1985 c. 67.] Transport Act 1985 (unregistered and unreliable local services: reduction of fuel duty grant) cease to have effect.
(1) Where the traffic commissioner for any traffic area is satisfied that the operator of a local service has, without reasonable excuse—
(a) failed to operate a local service registered under section 6 of the [1985 c. 67.] Transport Act 1985,
(b) operated a local service in contravention of that section or section 118(4) or 129(1)(b) of this Act, or
(c) failed to comply with section 138 or 140(3) of this Act,
he may impose a penalty on the operator.
(2) The amount of the penalty shall be such amount as the traffic commissioner thinks fit in all the circumstances of the case, not exceeding the amount determined in accordance with subsection (3).
(3) That amount is—
(a) £550, or
(b) such other amount as the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may by order specify,
multiplied by the total number of vehicles which the operator is licensed to use under all the PSV operator’s licences held by him.
(4) The penalty is payable to the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales).
(5) After imposing the penalty, the traffic commissioner must at once give notice in writing to—
(a) the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales), and
(b) the operator.
(6) The operator may appeal to the Transport Tribunal against the imposition of the penalty.
(7) An amount due under this section is recoverable as a civil debt.
(1) The Secretary of State with the approval of the Treasury (as respects England) or the National Assembly for Wales (as respects Wales) may make grants to non-metropolitan transport authorities for the purpose of—
(a) securing the establishment, continuance or improvement of any public passenger transport service which in his or its opinion is or will be for the benefit of persons residing in their area, or
(b) securing the provision of new facilities for, or new services ancillary to, any such service which in his or its opinion are or will be for the benefit of such persons.
(2) Grants under this section shall be of such amount and subject to such conditions (including conditions requiring their repayment in specified circumstances) as may be determined by—
(a) the Secretary of State with the approval of the Treasury (as respects England), or
(b) the National Assembly for Wales (as respects Wales).
(3) A determination under subsection (2) may be made either generally or in relation to particular cases or classes of case.
(4) In this section “non-metropolitan transport authority” means—
(a) a county council in England,
(b) a council of a non-metropolitan district in England comprised in an area for which there is no county council, or
(c) a county council or county borough council in Wales.
(1) The Secretary of State may, with the approval of the Treasury, make grants to the Passenger Transport Authority for a passenger transport area in England for the purpose of enabling the Authority, or the Passenger Transport Executive for the area, to carry out any of their functions.
(2) Grants under this section shall be of such amount and subject to such conditions (including conditions requiring their repayment in specified circumstances) as the Secretary of State may, with the approval of the Treasury, determine.
(3) A determination under subsection (2) may be made either generally or in relation to particular cases or classes of case.
(1) Section 111 of the [1985 c. 67.] Transport Act 1985 (unregistered and unreliable local services: requirement to repay twenty per cent. of bus fuel duty grants) is amended as follows (until it ceases to have effect as a result of section 154(6)).
(2) For subsections (2) to (4) substitute—
“(2) If any amount has been paid to the operator by way of grant under section 92 of the [1965 c. 25.] Finance Act 1965 (grants towards duty charged on bus fuel) in respect of any services operated during the period of three months ending with the day on which the determination under subsection (1) above is made, there is due from the operator—
(a) to the Secretary of State (as respects England); or
(b) to the National Assembly for Wales (as respects Wales),
such percentage of that amount as the traffic commissioner thinks fit in all the circumstances of the case.
(3) The percentage determined shall be at least one per cent. but not more than twenty per cent.
(4) A traffic commissioner who makes a determination under this section shall at once give notice in writing to—
(a) the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales); and
(b) the operator;
and the operator may appeal to the Transport Tribunal against the determination.”
(3) In subsection (5), omit—
(a) “to the Secretary of State”, and
(b) the words from “and any amount” to the end.
Transport Act 2000