Office of Public Sector Information
PART V continued
(1)Subject to subsection (8) below, where the arrangements currently adopted by the authority or authorities responsible for administration of a scheme under section 93 of this Act with respect to the terms on which operators of eligible services may withdraw from participation in the scheme require such an operator to give notice before withdrawing from the scheme in respect of any such service, any such operator shall be obliged to provide any travel concessions required by the scheme on journeys on any such service in respect of which he is participating in the scheme until he gives the required notice of withdrawal and the period of notice has expired.
(2)Subject to the following provisions of this section, the authority or authorities responsible for administration of any such scheme may at any time by notice in writing served on any operator or prospective operator of an eligible service (including an operator already participating in the scheme) impose on him an obligation to provide travel concessions in accordance with the scheme on journeys on any such service operated by that operator to which the notice applies.
A notice under this subsection is referred to below in this Part of this Act as a participation notice.
(3)The power under subsection (2) above to serve a participation notice shall not be exercisable in relation to any such scheme until after the date (or whichever last occurs of the respective dates) of first publication under secdtion 95 of this Act of particulars of the scheme and of the current reimbursement arrangements for eligible service operators participating in the scheme as they are to apply on initial establishment of the scheme.
(4)An obligation imposed by a participation notice shall, subject to subsection (8) below and sections 98 and 99 of this Act, be effective in relation to any service to which the obligation applies as from the appropriate commencement date for that service until the end of such period beginning with that date as may be specified in the participation notice.
(5)Subject to subsection (9) below, for the purposes of subsection (4) above the appropriate commencement date for any service to which an obligation imposed by a participation notice applies is—
(a)the date immediately following the end of such period of notice as may be specified in the participation notice; or
(b)the date when the service begins;
whichever last occurs.
(6)Where it is proposed—
(a)to vary a scheme under section 93 of this Act; or
(b)to vary the current reimbursement arrangements for eligible service operators participating in any such scheme;
the authority or authorities responsible for administration of the scheme may, not less than such period before the variation is to take effect as may be prescribed, by notice served on any operator of any such service who is under an obligation under this section to provide travel concessions in accordance with the scheme, require him to indicate, within such period and in such manner as may be prescribed, whether or not he is willing to continue to participate in the scheme after the variation takes effect.
(7)Any notice under subsection (6) above shall give particulars of the proposed variation.
(8)Where in pursuance of subsection (6) above an operator indicates that he is not willing to continue to participate in the scheme after the variation takes effect, any obligation of that operator under this section to provide travel concessions in accordance with the scheme which was current at the date of the notice under that subsection and would still apart from this subsection be in force on the date when the variation takes effect shall cease on the latter date (without prejudice, however, to the service of a new participation notice).
(9)Where a notice is served on an operator under subsection (6) above the preceding provisions of this section shall apply, on and after the date when the variation in question takes effect, in relation to any obligation of that operator under subsection (2) above to provide travel concessions in accordance with the scheme in question which—
(a)was current at the date of the notice; and
(b)does not cease (by virtue of subsection (8) above or otherwise) before the date when that variation takes effect;
as if the latter date were the appropriate commencement date for the purposes of subsection (4) above for each service to which the obligation applies.
(10)The exercise of the power to serve a participation notice under this section on any person—
(a)by a Passenger Transport Executive; or
(b)by authorities responsible for administration of a scheme under section 93 of this Act who include such an Executive;
shall require the consent of the Passenger Transport Authority for the Executive’s area.
C1Ss. 93-102 applied (13.12.2006) by The Luton Dunstable Translink Order 2006 (S.I. 2006/3118), art. 36
C2Ss. 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. 93-100: 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)
C3Ss. 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, s. 1, Sch. s. 52 of Order
Ss. 93-102 applied (24.7.2001) by S.I. 2001/3627, art. 51
(1)The authority or authorities by whom a participation notice is served on any person shall send to that person, together with the notice, a copy of—
(a)such particulars of the scheme to which the notice relates and of any variations of that scheme; and
(b)such particulars of the current reimbursement arrangements for eligible service operators participating in the scheme and of any variations of those arrangements;
as have been published under section 95 of this Act before the date of the notice.
(2)Subject to the following provisions of this section, a person on whom a participation notice has been served may apply to the Secretary of State for cancellation or variation of that notice on either or both of the following grounds, that is to say—
(a)that there are special reasons why his participation in the scheme in question in respect of the service or any of the services to which the notice applies would be inappropriate; and
(b)that any provision of the scheme or of any such arrangements as are mentioned in subsection (1)(b) above are inappropriate for application in relation to operators other than operators voluntarily participating in the scheme.
(3)Subject to subsection (4) below, an application under subsection (2) above may be made by notice in writing given to the Secretary of State before the end of the period of twenty-eight days beginning with the date of the participation notice.
(4)A person may not make such an application unless he has given notice in writing of his intention to do so to the authority or authorities by whom the participation notice was served—
(a)if a period allowed for that purpose is specified in the participation notice, before the end of that period; or
(b)in any other case, at any time before the date of the notice given to the Secretary of State under subsection (3) above.
[F1(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”.]
(5)Where on any such application the Secretary of State finds the ground mentioned in subsection (2)(a) above established, he may cancel the participation notice or (as the case may require) vary it by excluding from it any service operated by the applicant in respect of which he considers the applicant’s participation in the scheme would be inappropriate.
(6)Where on any such application the Secretary of State finds the ground mentioned in subsection (2)(b) above established, he shall cancel the participation notice unless he considers that a direction under subsection (7) below would meet the case.
(7)Where on any such application the Secretary of State does not cancel the participation notice, he may direct that the current arrangements for reimbursement of eligible service operators participating in the scheme shall apply in the case of the applicant or (as the case may require) in the case of any service operated by the applicant to which the participation notice applies with such modifications as may be specified in the direction.
(8)If the Secretary of State cancels a participation notice under subsection (6) above he shall give to the authority or authorities by whom the notice was served a notice in writing indicating in what respects the scheme or (as the case may be) the current reimbursement arrangements for eligible service operators participating in the scheme are inappropriate for application in relation to operators other than operators voluntarily participating in the scheme.
(9)Any obligation under section 97(2) of this Act which has come into effect before the determination of any application under this section with respect to the participation notice by which that obligation was imposed shall—
(a)cease to have effect, if the notice is cancelled; or
(b)have effect, if the notice is varied, subject to a corresponding variation;
on such date as may be specified by the Secretary of State in determining the application.
F1S. 98(4A) inserted (E.W.) (1.4.2008) by Concessionary Bus Travel Act 2007 (c. 13), ss. 13(1), 15, Sch. 2 para. 2; S.I. 2007/2799, art. 3 (with art. 4)
C1Ss. 93-102 applied (13.12.2006) by The Luton Dunstable Translink Order 2006 (S.I. 2006/3118), art. 36
C2Ss. 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)
Ss. 93-100: 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)
C3Ss. 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 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2
Ss. 93-102 applied (28.7.1998) by 1998 c. iii, s. 1, Sch. s. 52 of Order
Ss. 93-102 applied (24.7.2001) by S.I. 2001/3627, art. 51
(1)The authority or authorities responsible for administration of a scheme under section 93 of this Act may at any time by notice in writing served on any operator who is under an obligation under section 97(2) of this Act to provide travel concessions in accordance with the scheme on journeys on any eligible service operated by him release him from that obligation in respect of that service.
(2)Subject to the following provisions of this section, any such operator may at any time by notice in writing apply to the Secretary of State to be released from that obligation in respect of any such service on the ground that the authority or authorities responsible for administration of the scheme have failed to comply with their obligation under section 93(6) of this Act.
(3)An operator may not make such an application unless he has given notice in writing of his intention to do so to the authority or authorities responsible for administration of the scheme not less than twenty-eight days before the date of the application.
(4)A notice under subsection (2) or (3) above shall give particulars of any alleged failures of the authority or authorities in question to comply with their obligation under section 93(6) of which the operator complains.
(5)On any such application the Secretary of State may, if he finds the applicant’s ground of complaint established, determine that the applicant’s obligation under section 97(2) shall cease on such date as may be specified in the determination.
C1Ss. 93-102 applied (13.12.2006) by The Luton Dunstable Translink Order 2006; S.I. 2006/3118, art. 36
C2Ss. 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)
Ss. 93-100: 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)
C3Ss. 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 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2
Ss. 93-102 applied (28.7.1998) by 1998 c. iii, s. 1, Sch. s. 52 of Order
Ss. 93-102 applied (24.7.2001) by S.I. 2001/3627, art. 51
(1)Regulations under this section may make provision as to—
(a)the maximum or (as the case may be) minimum period that may for the purposes of any provision of section 97 or 98 of this Act be specified in a participation notice;
(b)the form and contents of participation notices and other notices required for any purposes of sections 96 to 99 of this Act; and
(c)the manner in which any such notice is to be served.
(2)Where the Secretary of State cancels or varies a participation notice under section 98 of this Act after the obligation imposed by that notice has come into effect he may award compensation to the applicant under subsection (4) below if it appears to him that the applicant has suffered—
(a)in a case where the notice is cancelled, any loss attributable to his participation in the scheme in question; or
(b)in a case where the notice is varied by excluding from it any service operated by the applicant, any loss attributable to his participation in that scheme in respect of that service.
(3)Where on determining an application under section 99 of this Act the Secretary of State finds that the authority or authorities responsible for administration of the scheme in question have failed to comply with their obligation under section 93(6) of this Act, he may award compensation to the applicant under subsection (4) below if it appears to him that the applicant has suffered any loss attributable to that failure.
(4)In any case to which subsection (2) or (3) above applies the Secretary of State may by notice in writing require the authority responsible for administration of the scheme in question or (as the case may be) the authorities so responsible in such proportions as may be specified in the notice to pay to the applicant such an amount by way of compensation in respect of the loss there mentioned as may be so specified.
(5)The Secretary of State may if he thinks fit appoint a person to determine an application under section 98 or 99 of this Act on his behalf; and references in those sections and in subsections (2) to (4) above to the Secretary of State shall be read as including references to a person so appointed.
(6)Regulations under this section may prescribe the procedure to be followed in connection with applications under sections 98 and 99 of this Act and may in particular (but without prejudice to the generality of that) include provision—
(a)as to the conduct of any proceedings held in connection with any such application; and
(b)enabling the Secretary of State to require either the applicant or the authority or authorities responsible for administration of the scheme in question, or both or all of them, to pay such sum as the Secretary of State may determine towards any expenses incurred by him in connection with the determination of the application.
(7)Where a requirement under subsection (4) above is imposed on more than one authority, the liability of the authorities concerned to the applicant—
(a)shall extend to the whole of the amount specified in the notice imposing the requirement; and
(b)shall be both joint and several;
but if any such authority make any payment, in or towards the discharge of that liability, of an amount exceeding the amount representing any proportion specified in the notice as that authority’s share, that authority shall be entitled to recover an appropriate contribution (determined by reference to the proportions specified in that notice) from the other authority or authorities concerned.
(8)Any sums paid to the Secretary of State by virtue of subsection (6)(b) above shall be paid into the Consolidated Fund.
C1Ss. 93-102 applied (13.12.2006) by The Luton Dunstable Translink Order 2006 (S.I. 2006/3118), art. 36
C2Ss. 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)
Ss. 93-100 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)
C3Ss. 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 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2
Ss. 93-102 applied (28.7.1998) by 1998 c. iii, s. 1, Sch. s. 52 of Order
Ss. 93-102 applied (24.7.2001) by S.I. 2001/3627, art. 51
(1)If during any period an operator of any service who is under an obligation under section 97 of this Act to provide travel concessions in accordance with a scheme under section 93 of this Act for persons travelling on that service systematically fails to comply with that obligation he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(2)Where an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(3)Where the affairs of a body corporate are managed by its members, subsection (2) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
(4)Proceedings for an offence under this section shall not, in England and Wales, be instituted except by the authority, or any one of the authorities, responsible for administration of the scheme in question or by or with the consent of the Director of Public Prosecutions (and any such authority who would not apart from this subsection have power to bring such proceedings shall accordingly have that power).
C1Ss. 93-102 applied (13.12.2006) by The Luton Dunstable Translink Order 2006 (S.I. 2006/3118), art. 36
C2Ss. 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 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2
Ss. 93-102 applied (28.7.1998) by 1998 c. iii, s. 1, Sch. s. 52 of Order
Ss. 93-102 applied (24.7.2001) by S.I. 2001/3627, art. 51
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)
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1S. 102 repealed (1.2.2001 for E. and 14.8.2002 for W.) by 2000 c. 38, s. 274, Sch. 31 Pt. II; S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II (as amended by S.I. 2001/115, art. 3)); S.I. 2002/2024, art. 2(b)
(1)The payments provided for under an agreement providing for service subsidies entered into by an authority responsible for expenditure on public passenger transport services may not include payments in respect of the provision of travel concessions except as provided below in this section.
(2)Subject to subsection (3) below, provision may be included in any such agreement for the making of payments by the authority in question to the person providing the service to which the agreement relates in respect of the provision of travel concessions on journeys on that service or any part of it for any description of persons eligible in accordance with section 93(7) of this Act to receive travel concessions under a travel concession scheme under that section.
(3)Subsection (2) above only applies where the concessions in question are not available, or not available to that description of persons, under any such scheme administered by the authority concerned or by that authority acting jointly with any other authority or authorities [F1or under s [F2section 145A(1) or 145B(1)] of the Transport Act 2000.]
F1Words in s. 103(3) inserted (E.W.) (1.6.2001 for E. and 1.4.2002 for W.) by 2000 c. 38, s. 161, Sch. 11 para. 17; S.I. 2000/3229, art. 2, Sch. Pt. IV (with arts. 3, 4); S.I. 2001/2788, art. 3, Sch. 2 para. 2
F2Words in s. 103(3) substituted (E.W.) (1.4.2008) by Concessionary Bus Travel Act 2007 (c. 13), ss. 13(1), 15, Sch. 2 para. 3; S.I. 2007/2799, art. 3 (with art. 4)
(1)A Passenger Transport Executive may not in exercise of their powers under section 10(1)(xiii) of the 1968 Act (power of Passenger Transport Executive to charge for services and waive their charges, etc.) provide travel concessions for persons travelling on any public passenger transport service provided by the Executive [F1otherwise than in accordance with a scheme established under section 93 of this Act or in accordance with [F2section 145A(1)] of the Transport Act 2000], except where those concessions are provided under any agreement or arrangements under which the whole of the cost of providing those concessions is to be met by a person other than that Executive or the Passenger Transport Authority for that Executive’s area.
(2)The approval of the Passenger Transport Authority for a passenger transport area under section 15(2) of the 1968 Act (approval of Passenger Transport Authority required for alterations by Executive in general level of charges and for reduction or waiver of charges by Executive) shall not be required for travel concessions granted by the Passenger Transport Executive for that area for persons travelling on any public passenger transport service provided by the Executive if those concessions are granted—
(a)in accordance with any scheme established under section 93 of this Act by any authority other than the Passenger Transport Authority for that Executive’s area or (as the case may be) by authorities who do not include that Passenger Transport Authority; F3. . .
[F4(aa)in accordance with [F5section 145A(1)] of the Transport Act 2000; or]
(b)where that Executive’s area is in England and Wales, in pursuance of arrangements made with that Executive by any local authority within the meaning of the M1National Assistance Act 1948 in exercise of their powers under section 29 of that Act (welfare arrangements for handicapped persons);
or correspond to travel concessions under any scheme established under section 93 of this Act by the Passenger Transport Authority for that Executive’s area or (as the case may be) by authorities who include that Passenger Transport Authority.
(3)For the purposes of subsection (2) above, travel concessions granted by the Executive for a passenger transport area on any such service correspond to travel concessions under any such scheme if they are—
(a)of the same value;
(b)available subject to the same terms, limitations or conditions; and
(c)available to persons of the same description;
as the travel concessions provided under that scheme.
F1Words in s. 104(1) substituted (E.W.) (1.6.2001 for E. and 1.4.2002 for W.) by 2000 c. 38, s. 161, Sch. 11 para. 18(1)(2); S.I. 2000/3229, art. 2, Sch. Pt. IV (with arts. 3, 4); S.I. 2001/2788, art. 3, Sch. 2 para. 2
F2Words in s. 104(1) substituted (E.W.) (1.4.2008) by Concessionary Bus Travel Act 2007 (c. 13), ss. 13(1), 15, Sch. 2 para. 4; S.I. 2007/2799, art. 3 (with art. 4)
F3Word in s. 104(2)(a) repealed (26.10 2001 for E. and 14.8.2002 for W) by 2000 c. 38, s. 274, Sch. 31 Pt. II; S.I. 2001/3342, art. 2, Sch.; S.I. 2002/2024 , art.2(b).
F4S. 104(2)(aa) inserted (E.W.) (1.6.2001 for E. and 1.4.2002 for W.) by 2000 c. 38, s. 161, Sch. 11 para. 18(1)(3); S.I. 2000/3229, art. 2, Sch. Pt. IV (with arts. 3, 4); S.I. 2001/2788, art. 3, Sch. 2 para. 2
F5Words in s. 104(2)(aa) substituted (E.W.) (1.4.2008) by Concessionary Bus Travel Act 2007 (c. 13), ss. 13(1), 15, Sch. 2 para. 4; S.I. 2007/2799, art. 3 (with art. 4)
E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
M11948 c. 29.
(1)A Passenger Transport Executive may not in exercise of their powers under section 10(1)(xiii) of the 1968 Act (power of Passenger Transport Executive to charge for services and waive their charges, etc.) provide travel concessions for persons travelling on any public passenger transport service provided by the Executive other than persons of any description eligible in accordance with section 93(7) of this Act to receive travel concessions under a travel concession scheme established under that section, except where those concessions are provided under any agreement or arrangements under which the whole of the cost of providing those concessions is to be met by a person other than that Executive or the Passenger Transport Authority for that Executive’s area.
(2)The approval of the Passenger Transport Authority for a passenger transport area under section 15(2) of the 1968 Act (approval of Passenger Transport Authority required for alterations by Executive in general level of charges and for reduction or waiver of charges by Executive) shall not be required for travel concessions granted by the Passenger Transport Executive for that area for persons travelling on any public passenger transport service provided by the Executive if those concessions are granted—
(a)in accordance with any scheme established under section 93 of this Act by any authority other than the Passenger Transport Authority for that Executive’s area or (as the case may be) by authorities who do not include that Passenger Transport Authority; or
(b)where that Executive’s area is in England and Wales, in pursuance of arrangements made with that Executive by any local authority within the meaning of the M1National Assistance Act 1948 in exercise of their powers under section 29 of that Act (welfare arrangements for handicapped persons);
or correspond to travel concessions under any scheme established under section 93 of this Act by the Passenger Transport Authority for that Executive’s area or (as the case may be) by authorities who include that Passenger Transport Authority.
(3)For the purposes of subsection (2) above, travel concessions granted by the Executive for a passenger transport area on any such service correspond to travel concessions under any such scheme if they are—
(a)of the same value;
(b)available subject to the same terms, limitations or conditions; and
(c)available to persons of the same description;
as the travel concessions provided under that scheme.
E1This version of this provision has been created for Scotland only; a separate version has been created for England and Wales only
M11948 c. 29.
(1)Where the council of any county or district in England and Wales or of any [F1local government] area in Scotland are operating any public passenger transport service, they shall have power to provide travel concessions for persons travelling on that service [F2in accordance with a scheme established under section 93 of this Act or in accordance with [F3section 145A(1) or 145B(1)] of the Transport Act 2000.]
(2)In respect of travel concessions provided under this section, any such council may, if they think fit, from time to time transfer to the credit of the account of their transport undertaking sums from the general . . . F4 fund or, where that council is the council of any [F1local government]area in Scotland, from the general fund (within the meaning of section 93 of the M1Local Government (Scotland) Act 1973).
[F5(2A)In subsection (2) above, the reference to the general fund shall be read, in relation to Wales, as a reference to the council fund.]
(3)Sums so transferred must not exceed the cost to the council concerned of providing the concessions or so much of that cost as would not apart from subsection (2) above fall to be met out of the fund there mentioned.
F1Words in s. 105(1)(2) substituted (S.) (1.4.1996) by S.I. 1996/974, art. 2(1), Sch. 1 Pt. I para. 7(a)
F2Words in s. 105(1) substituted (E.W.) (1.6.2001 for E. and 1.4.2002 for W.) by 2000 c. 38, s. 161, Sch. 11 para. 19; S.I. 2000/3229, art. 2, Sch. Pt. IV (with arts. 3, 4); S.I. 2001/2788, art. 3, Sch. 2 para. 2
F3Words in s. 105(1) substituted (E.W.) (1.4.2008) by Concessionary Bus Travel Act 2007 (c. 13), ss. 13(1), 15, Sch. 2 para. 5; S.I. 2007/2799, art. 3 (with art. 4)
F4Word repealed by S.I. 1990/1285, art. 2, Sch. Part I para. 8
F5S. 105(2A) inserted (1.4.1996) by 1994 c. 19, s. 22(1), Sch. 7 Pt. II para. 39(9) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1
E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
M11973 c. 65.
Transport Act 1985