The Concessionary Bus Travel Act 2007 (Variation of Reimbursement and Other Administrative Arrangements) Order 2010

• Citation: S.I. 2010/1179
• Sections: 5

Section 1 Citation and commencement

(1) This Order may be cited as the Concessionary Bus Travel Act 2007 (Variation of Reimbursement and Other Administrative Arrangements) Order 2010.

(2) The following provisions of this Order come into force on 1st May 2010—

(a) this article, and

(b) for the purposes listed in paragraph (4), article 2(1) and (3).

(3) The following provisions of this Order come into force on 1st April 2011—

(a) article 2(1) and (3), so far as not already in force, and

(b) articles 2(2) and 3 to 5.

(4) The purposes mentioned in paragraph (2)(b) are—

(a) enabling a non-unitary county council, pursuant to sections 149 and 150 of the Transport Act 2000 , to publish proposals for reimbursement arrangements in respect of journeys beginning on or after 1st April 2011 and to agree or determine such arrangements,

(b) enabling an operator who may be affected by such arrangements, or proposed arrangements, to apply for a modification of the arrangements under section 150 of that Act, and

(c) enabling the Secretary of State to take such steps as are necessary to determine any such application and to give a direction in relation to the application under section 150 of that Act.

(5) In this article—

“non-unitary county council” means a council of a county in England except so far as it is the council for an area for which there are no district councils;

“reimbursement arrangements” means arrangements for the reimbursement of operators of services for providing concessions under section 145A of the Transport Act 2000.

Section 2 Amendment of section 146 of Transport Act 2000

(1) In section 146 of the Transport Act 2000 (mandatory travel concessions: definitions) the definition of “travel concession authority” is amended as follows.

(2) For paragraph (a) substitute—

(a) a council of a non-metropolitan district in England comprised in an area for which there is no county council,

(3) For paragraph (b) substitute—

(b) a county council in England,

Section 3 Transport Act 2000: transitional provision

(1) Paragraph (2) applies for the purposes of the reimbursement of an operator of a service for providing a concession under section 145A of the Transport Act 2000 in respect of a journey beginning—

(a) before 1st April 2011, and

(b) in an area in England for which there is a both a county council and a district council.

(2) Sections 149 and 150 of that Act (reimbursement by travel concession authority) have effect as if, despite the amendments made by article 2, the district council, rather than the county council, were the travel concession authority for the area.

(3) The amendments made by article 2 do not prevent a council of a non-metropolitan district in England comprised in an area for which there is a county council from continuing proceedings for an offence under section 148 of the Transport Act 2000 that were instituted by the district council before 1st April 2011

Section 4 Amendment of section 93 of Transport Act 1985

In paragraph (a) of section 93(8) of the Transport Act 1985 (travel concession schemes: definition of “local authority”)—

(a) after “means” insert—

(i) a county council in England,

(ii) a council of a non-metropolitan district in England comprised in an area for which there is no county council,

(iii)

(b) omit “England and”, and

(c) after “Wales or” insert—

(iv)

Section 5 Transport Act 1985: transitional provision

(1) In the case of a travel concession scheme established under section 93 of the Transport Act 1985 before 1st April 2011 by a relevant district council (whether alone or with another authority or other authorities)—

(a) for the purposes of that section and the provisions of Part 5 of that Act relating to schemes under that section, despite the amendments made by article 4, the council continues to be the authority, or as the case may be, one of the authorities responsible for the administration of the scheme, but

(b) the scheme does not have effect for the purposes of journeys beginning on or after 1st April 2011.

(2) In this article “relevant district council” means—

(a) a council of a non-metropolitan district in England comprised in an area for which there is a county council, or

(b) a metropolitan district council.