Transport Bill - continued        House of Lords
PART II, LOCAL TRANSPORT - continued
Mandatory travel concessions outside Greater London - continued

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Procedure for reimbursement arrangements determined by authority.     149. - (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 148(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 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.
 
Travel concessions in Greater London
Concessions in Greater London.     150. - (1) Chapter VIII of Part IV of the 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 paragraph (c) substitute-
 
 
    "(c) who are partially sighted, that is, whose sight is impaired to such an extent that they cannot reasonably accurately estimate the size and speed of movement of vehicular traffic;
 
    (d) who are deaf;
 
    (e) who are without speech;
 
    (f) who have a disability, or have suffered an injury, which seriously impairs their ability to walk;
 
    (g) who are without the use of both arms (whether by reason of the absence of those limbs or for any other reason);
 
    (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 Road Traffic Act 1988, would have their applications refused pursuant to section 92 of that Act (physical fitness)."
      (5) In section 241(1) (reserve free travel scheme), after "provided for" insert "all".
 
      (6) 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.
 
      (7) 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."
      (8) In subsection (2), for "Those journeys" substitute "The journeys referred to in subsection (1)(a) above".
 
      (9) In subsection (5), for "The requirements of this section as to scope do" substitute "Subsection (1)(a) above does".
 
      (10) 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".
 
      (11) 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 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."
 
      (12) 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."
 
 
Financial and competition provisions
Agreements providing for service subsidies.     151. - (1) Part V of the 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 107(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."
 
Competition test for exercise of bus functions.     152. 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.
 
Grants to bus service operators.     153. - (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 Finance Act 1965 (grants towards duty charged on bus fuel) and section 111 of the Transport Act 1985 (unregistered and unreliable local services: reduction of fuel duty grant) cease to have effect.
 
Penalties.     154. - (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 Transport Act 1985,
 
    (b) operated a local service in contravention of that section or section 117(4) or 128(1)(b) of this Act, or
 
    (c) failed to comply with section 137 or 139(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.
 
 
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