Office of Public Sector Information
PART V continued
(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 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.
(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 . . . F2 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).
[F3(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)
F2Word repealed by S.I. 1990/1285, art. 2, Sch. Part I para. 8
F3S. 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 Scotland only; a separate version extends to England and Wales only
M11973 c. 65.
(1)Any authority to whom this section applies, or any two or more such authorities acting jointly, may make, in such cases and subject to such terms and conditions as they think fit, grants to any other person towards expenditure incurred or to be incurred by that person in providing, maintaining or improving—
(a)any vehicle, equipment or other facilities provided wholly or mainly for the purpose of facilitating travel by members of the public who are disabled; or
(b)any equipment or other facilities specially designed or adapted for that purpose which are incorporated in any vehicle, equipment or other facilities not provided wholly or mainly for that purpose.
(2)Subject to subsection (3) below, any such authority, or any two or more such authorities acting jointly, may make, in such cases and subject to such terms and conditions as they think fit, grants to any person providing public passenger transport services towards expenditure incurred or to be incurred by that person for the purpose of—
(a)maintaining or improving facilities for public passenger transport, other than facilities provided wholly or mainly for use for the purpose of or in connection with excepted services; or
(b)facilitating or improving the operation of public passenger transport services, other than excepted services;
in the area of that authority or (as the case may be) in the area comprising the areas of both or all those authorities.
In this subsection “excepted services” means services for the carriage of passengers by road which require a PSV operator’s licence (within the meaning of Part IV of this Act).
(3)Subsection (2) above shall not apply in relation to expenditure appearing to the authority or authorities in question to be of a capital nature.
(4)This section applies to the following authorities—
(a)any Passenger Transport Authority or Passenger Transport Executive;
(b)the council of any county or district in England and Wales;
(c)the council of a London borough or the Common Council of the City of London; or
(d)any [F1regional or islands] council in Scotland.
F1Words in s. 106(4)(d) repealed (S.) (1.4.1996) by S.I. 1996/974, art. 4, Sch. 2
C1S. 106: functions made exercisable concurrently (S.) (1.11.2006) by the Shetland Transport Partnership and Shetland Islands Council Order 2006 (S.S.I. 2006/527), art. 4, Sch. 2 (with art. 5)
S. 106: functions made exercisable concurrently (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. 4, Sch. 2 (with art. 5)
(1)A parish council or community council may make grants to any body towards expenditure incurred or to be incurred by that body in connection with the operation of—
(a)a bus service appearing to the council to be wholly or mainly for the benefit of members of the public who are elderly or disabled; or
(b)a community bus service (as defined in section 22 of this Act).
(2)The power in subsection (1) above may only be exercised if—
(a)the bus service benefits, or appears to the council likely to benefit, persons living in the council’s area, and
(b)a permit in relation to the use of the vehicle by means of which the service is, or is to be, provided has been granted to the body concerned under section 19 or 22 of this Act.
(3)Grants under this section may be made in such cases and subject to such terms and conditions as the council think fit.]
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F1S. 107 repealed (15.7.2003) by 1999 c. 29, ss. 423, 425(2), Sch. 34 Pt. II (with Sch. 12 para. 9(1)); S.I. 2003/1920, art. 2(h)
(1)Subject to the following provisions of this section, the Secretary of State may, with the approval of the Treasury, make in such cases as he thinks fit a grant to any person for the purpose of securing the establishment, continuance or improvement of any public passenger transport service which in the opinion of the Secretary of State is or will be for the benefit of persons residing in any rural area in [F2Wales or] Scotland.
(2)In the case of any grant under this section for the purpose of securing the continuance of an existing service—
(a)the service must be one which was established with the assistance of a grant under this section; and
(b)the grant must be for securing its continuance during such period from the time when it was first operated as appears to the Secretary of State to be appropriate in the case of that service.
(3)In the case of any grant under this section for the purpose of securing the improvement of an existing service the improvement in view must be one which appears to the Secretary of State to involve an innovative approach to the use of vehicles, equipment or other facilities in providing the service.
(4)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, either generally or in relation to any particular cases or classes of case.
F1Words in sidenote to s. 108 omitted (E.W.) (1.4.2002 for W.) by virtue of 2000 c. 38, ss. 161, 275, Sch. 11 para. 20(1)(3); S.I. 2001/2788, art.3, Sch. 2 para. 2
F2Words in s. 108(1) omitted (E.W.) (1.4.2002 for W.) by virtue of 2000 c. 38, ss. 161, 275, Sch. 11 para. 20(1)(2) and repealed (E.W.) (14.8.2002 for W. and otherwise prosp.) by 2000 c. 38, ss. 274, 275, Sch. 31 Pt. II of that Act; S.I. 2001/2788, art. 3, Sch. 2 para. 2; S.I. 2002/2024, art. 2(b)
(1)Subject to the following provisions of this section, the Secretary of State may, with the approval of the Treasury, make in such cases as he thinks fit a grant to any person in respect of qualifying mileage run at any time during the period of four years beginning with the date on which this section comes into force by vehicles used by that person in operating a service which at the time in question is a service eligible for grant under this section.
(2)A service is eligible for grant under this section at any time when—
(a)it is a service qualifying for fuel duty grant;
(b)it is being operated wholly or partly within a rural area in Great Britain (outside London); and
(c)it meets such other requirements as the Secretary of State thinks fit to impose;
and in subsection (1) above “qualifying mileage” means, in relation to any vehicle, mileage run by that vehicle within any such rural area.
(3)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, either generally or in relation to any particular cases or classes of case.]
F1S. 109 omitted (E.W.) (1.8.2001 for W. and 26.10.2001 for E.) by virtue of 2000 c. 38, s. 161, Sch. 11 para. 21 and repealed (1.2.2001 for E. and 14.8.2002 for W. ) by 2000 c. 38, ss. 274, 275, Sch. 31 Pt. II of that Act; S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to saving in Sch. 3 Pt. I (as amended by S.I. 2001/115, art. 3)); S.I. 2001/2788, art. 2, Sch. 1 para. 11; S.I. 2001/3342, art. 2, Sch.; S.I. 2002/2024, art. 2(b)
(1)In section 92(1) of the M1Finance Act 1965 (grants to operators of bus services towards duty charged on bus fuel)—
(a)the words “any bus service” shall be omitted; and
(b)there shall be inserted at the end the words—
“a bus service which is of a description specified for the purposes of this section and which meets any conditions which may be specified in relation to that description of service.”.
(2)For subsection (8) of that section there shall be substituted the following subsections—
“(8)In this section—
“bus service” means a local service within the meaning of the Transport Act 1985 other than an excursion or tour within the meaning of that Act, being a service which is either—
(a)registered under Part I of that Act; or
(b)provided under a London local service licence granted under Part II of that Act or exempt by virtue of section 36 of that Act (London bus services under control of London Regional Transport) from the requirement of a London local service licence;
“operator” has the same meaning, in relation to a bus service, as in that Act; and
“specified” means specified in regulations made by the Secretary of State by statutory instrument.
(8A)Any statutory instrument containing regulations made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.”]
F1S. 110 repealed (E.W.) (1.5.2002 for E. and 14.8.2002 for W.) by 2000 c. 38, s. 274, Sch. 31 Pt. II, S.I. 2002/1014, art. 2(2), Sch. Pt. I; S.I. 2002/ 2024, art. 2(b)
M11965 c. 25.
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F1S. 111 repealed (1.5.2002 for E. and 1.7.2002 for S. and 14.8.2002 for W.) by 2000 c. 38, s. 274, Sch. 31 Pt. II; S.I. 2002/1014, art. 2(1), Sch. Pt. 1 (with transitional provisons in art. 3); 2001 asp 2, s. 38(6) (with s. 66); S.S.I. 2002/291, art. 2(a); S.I. 2002/2024, art. 2(b)
(1)In this Part of this Act—
(a)references to authorities responsible for expenditure on public passenger transport services shall be read in accordance with section 88(8) of this Act;
(b)references to service subsidies are references to the payments that fall to be made by any such authority under any agreement providing for service subsidies;
(c)references to the current reimbursement arrangements for eligible service operators participating in any scheme under section 93 of this Act shall be read in accordance with section 94(5) of this Act;
(d)references to a participation notice shall be read in accordance with section 97(2) of this Act;
(e)references to securing the provision of a service include references to securing the provision of a service by way of continuance of an existing service, and references in any other context to the provision of a service are to be read consistently with that; and
(f)“travel concession” means the reduction or waiver of a fare either absolutely or subject to terms, limitations or conditions.
[F1(2)For the purposes of this Part of this Act, a service is a service qualifying for fuel duty grant at any time when 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 the M1Finance Act 1965 (grants to operators of bus services towards duty charged on bus fuel).]
F1S. 112(2) repealed (E.W.) ( 1.5.2002 for E. and 14.8.2002 for W.) by 2000 c. 38, s. 274, Sch. 31 Pt. II; S.I. 2002/1014, art. 2(2), Sch. Pt.I; S.I. 2002/2024, art. 2(b)
C1S. 112 applied (28.7.1998) by 1998 c. iii, s. 1 Sch. s. 52 of Order
S. 112 applied (24.7.2001) by S.I. 2001/3627, art. 51
S. 112 applied (S.) (27.4.2006) by Edinburgh Tram (Line Two) Act 2006 (asp 6), s. 54(1) (with s. 75)
S. 112 applied (S.) (8.5.2006) by Edinburgh Tram (Line One) Act 2006 (asp 7), s. 54(1) (with ss. 76, 84)
S. 112 applied (13.12.2006) by The Luton Dunstable Translink Order 2006 (S.I. 2006/3118), art. 36
M11965 c. 25.
Transport Act 1985