Response by the Delegation of San Marino to the Questionnaire on the Code of Conduct on Politico-Military Aspects of Security
For section 145 of the Transport Act 2000 (c. 38) (mandatory concessions outside Greater London) and the heading before the section substitute—
Amend section 146 of the 2000 Act (mandatory concessions: supplementary) as follows.
“London authority” means a London borough council or the Common Council of the City of London,
In the definition of “travel concession authority”—
after paragraph (b) insert—;
after paragraph (c) insert—.
Amend section 149 of the 2000 Act (reimbursement of operators) as follows.
For subsection (1) substitute—
In subsection (2)(a), for “for persons who reside in their area, or” substitute—.
Amend section 150 of the 2000 Act (procedure for reimbursement arrangements determined by authority) as follows.
In subsection (4)—
for “subsection (3)” substitute “ subsection (3)(a) ”;
for “28 days” substitute “ 56 days ”.
After subsection (4) insert—
Amend section 240 of the Greater London Authority Act 1999 (c. 29) (travel concessions on journeys in and around Greater London) as follows.
In subsection (5)—
for “persons appearing to the authority to be persons—” substitute—;
renumber paragraphs (a) to (i) as sub-paragraphs (i) to (ix) of paragraph (a);
at the end of the subsection insert; or
In subsection (5A), for “(5)(b) to (i)” substitute “ (5)(a)(ii) to (ix) ”.
After subsection (5B) insert—
Amend section 241 of the 1999 Act (reserve free travel scheme for London residents) as follows.
In subsection (1)—
in the opening words, omit “for London residents”;
in the closing words, after “are provided for” insert “ all eligible England residents and that additional travel concessions are provided for ”.
In subsection (2), after “apply to” insert “ certain eligible England residents or ”.
In subsection (3), after “travel concessions for” insert “ eligible England residents and the additional travel concessions for ”.
For subsection (4) substitute—
In the heading, omit “for London residents”.
Schedule 1 contains amendments of Schedule 16 to the 1999 Act (the London free travel scheme).
Amend section 242 of the 1999 Act (requirements as to scope) as follows.
In subsection (1)—
in the opening words, omit “for London residents”;
for paragraph (b) and the word “and” before it substitute—
After subsection (1) insert—
In subsection (7), for “paragraphs of section 240(5)” substitute “ sub-paragraphs of section 240(5)(a) ”.
For subsection (8) substitute—
Omit subsection (10).
Amend section 243 of the 1999 Act (requirements as to uniformity) as follows.
In subsection (1)—
in the opening words, omit “for London residents”;
in paragraph (b), for “issued to him in accordance with the arrangements” substitute—.
In subsection (5), for “document in any form” substitute “ permit in any form (subject to any regulations under subsection (7) below) ”.
In subsection (6), for “242(8)” substitute “ 242(8) and (8A) ”.
After subsection (6) insert—
The Secretary of State may by order amend Part 2 of the 2000 Act and Chapter 8 of Part 4 of the 1999 Act for or in connection with securing that the national concession—
applies to any person for the time being eligible to receive travel concessions under a scheme under section 93 of the Transport Act 1985 (c. 67) or to any such person of a specified description (as well as to any elderly person and any disabled person),
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 and the London bus network),
in relation to any person to whom the national concession applies by virtue of paragraph (a), provides for a concession not amounting to a waiver of the fare,
in relation to any person to whom the national concession applies by virtue of paragraph (a), applies, or does not apply, to a journey beginning at a specified time, or
in relation to any elderly person or any disabled person, applies to a journey beginning at a specified time (as well as to a journey beginning at a relevant time).
In this section “the national concession” means the travel concession to which certain persons whose sole or principal residence is in England are entitled—
under section 145A(1) of the 2000 Act, and
by virtue of section 242(8) of, or paragraph A1 of Schedule 16 to, the 1999 Act.
In this section “London bus network” has the meaning given by section 181 of the 1999 Act.
Expressions used in this section and in Part 2 of the 2000 Act have the same meaning in this section as in that Part (see sections 146 and 162 of that Act).
The Secretary of State may by order amend Part 2 of the 2000 Act for or in connection with securing that—
the obligation of travel concession authorities in England to reimburse operators for providing concessions under section 145A(1) of that Act is instead imposed on the Secretary of State;
the functions of travel concession authorities in England under sections 145A and 148 of that Act are instead imposed on the Secretary of State.
The Secretary of State may by order amend Part 2 of the 2000 Act for or in connection with securing that—
the obligation to reimburse operators for providing concessions under section 145A(1) of that Act, so far as imposed on a non-unitary district council, is instead imposed on the county council for the area in which the district is situated;
the functions of a non-unitary district council under sections 145A and 148 of that Act are instead imposed on the county council for the area in which the district is situated.
The provision that may be made by an order under subsection (1)(a) includes in particular provision—
enabling the Secretary of State to determine (rather than agree) the amounts of reimbursement to be paid to individual operators, or to any class of operators;
altering the provisions about appeals by operators in connection with reimbursement (for example, by altering who is to hear the appeals, the functions of the person or body hearing the appeals or the circumstances in which appeals may be brought);
for establishing a body to hear the appeals;
imposing requirements as to consultation;
repealing section 145A(9) to (11) of the 2000 Act;
conferring on the Secretary of State power to make regulations—
for any purpose corresponding or similar to any purpose for which regulations may be made by the Secretary of State under sections 149(3) and 150(6) and (7) of the 2000 Act (as those provisions have effect immediately before the coming into force of this section);
about any matter ancillary to the reimbursement of, and appeals by, operators (for example, how to claim reimbursement).
Any power to make regulations conferred by virtue of subsection (3)(f) must be exercisable by statutory instrument which must be subject to annulment in pursuance of a resolution of either House of Parliament.
The provision that may be made by an order under subsection (1)(b) includes in particular provision repealing any of subsections (6) to (8) of section 145A of the 2000 Act.
If the Secretary of State makes an order under subsection (1)(a) or (2)(a), he may also by order amend the Transport Act 1985 (c. 67) for or in connection with securing that—
non-unitary district councils or metropolitan district councils in England cease to be local authorities for the purposes of section 93 of that Act; or
a non-unitary district council or a metropolitan district council in England may not establish a travel concession scheme under that section unless they do so jointly with the county council , Integrated Transport Authority , combined authority or combined county authority for the area in which the district is situated (whether or not the scheme is also established jointly with other local authorities).
An order under subsection (6)(b) may include provision for or in connection with securing that—
any specified function that a non-unitary district council establishing such a scheme would, but for this paragraph, have had as an authority responsible for administration of the scheme is instead to be exercised by the county council concerned;
any specified function that a metropolitan district council establishing such a scheme would, but for this paragraph, have had as an authority responsible for administration of the scheme is instead to be exercised by the Passenger Transport Executive for the area of the Integrated Transport Authority concerned.
In this section “non-unitary district council” means a council of a non-metropolitan district in England comprised in an area for which there is a county council.
The Secretary of State may by order amend Part 2 of the 2000 Act and Chapter 8 of Part 4 of the 1999 Act for or in connection with securing that English travel concessions are also provided, or are to a specified extent also provided, to—
Welsh permit holders,
Scottish permit holders,
Northern Irish permit holders, or
any specified class of such persons.
The Welsh Ministers may by order amend Part 2 of the 2000 Act for or in connection with securing that Welsh travel concessions are also provided, or are to a specified extent also provided, to—
English permit holders,
Scottish permit holders,
Northern Irish permit holders, or
any specified class of such persons.
An order under subsection (1) or (2) may limit the extent to which English travel concessions or Welsh travel concessions are to be provided to persons by virtue of the order by reference, in particular, to—
the service on which the concession is to be provided;
the time at which a journey on which the concession is to be provided begins;
the value of the concession which is to be provided.
An order under subsection (1) or (2) may also, in particular, make provision for or in connection with securing that a person is not to be entitled to a concession on a journey by virtue of the order if he would, apart from the order, have been entitled to a concession on that journey.
An order under subsection (2) may, in particular, make provision for or in connection with securing that an operator providing concessions on a journey by virtue of the order is reimbursed by the travel concession authority in whose area the journey begins.
The power of the Secretary of State under— to specify the form of a permit includes power to specify its form for the purposes of any concession to which an English permit holder may become entitled, whether by virtue of an order under subsection (2) or otherwise.
section 145A(5) of the 2000 Act,
section 243(7) of the 1999 Act, or
paragraph 4(1A) of Schedule 16 to that Act,
The power of the Welsh Ministers to approve the form of a permit for the purpose of section 145B(2) of the 2000 Act includes power to approve its form for the purposes of any concession to which a Welsh permit holder may become entitled, whether by virtue of an order under subsection (1) or otherwise.
In this section—
“the 1999 Act” means the Greater London Authority Act 1999 (c. 29);
a person to whom a current travel concession permit relating to the travel concession specified in section 242(8) and (8A) of the 1999 Act has been issued by a London authority, or
Amend paragraph 4 as follows. After sub-paragraph (1) insert— In sub-paragraph (2), for “is resident in” substitute “ whose sole or principal residence is in ”. In sub-paragraph (3), after “shall” insert “ (subject to any regulations under sub-paragraph (1A) above) ”. After sub-paragraph (3) insert—
by virtue of section 242(8) of, or paragraph A1 of Schedule 16 to, the 1999 Act;
In this section—
“English permit holder” means—
a person to whom a current travel concession permit has been issued under section 145A(4) of the 2000 Act by a travel concession authority in England (other than a London authority),
“Northern Irish permit holder” means a person to whom a current travel concession permit has been issued on behalf of the Department for Regional Development for the purposes of any agreement made under Article 5(1) of the Transport (Northern Ireland) Order 1977 (S.I. 1977/599 (N.I. 10));
Amend the Transport Act 1985 as follows.
In section 98 (travel concession schemes: further provisions with respect to participation notices), after subsection (4) insert—
In section 103 (no subsidies for concessions available under a scheme), in subsection (3), for “section 145(1)” substitute “ section 145A(1) or 145B(1) ”.
In section 104 (travel concessions on services provided by Passenger Transport Executives), in each of subsections (1) and (2)(aa), for “section 145(1)” substitute “ section 145A(1) ”.
In section 105 (travel concessions on services provided by local authorities), in subsection (1), for “section 145(1)” substitute “ section 145A(1) or 145B(1) ”.
In section 137 (general interpretation), in subsection (7), for “he proves” substitute “ it is proved ”.
At the beginning of the Schedule insert—
In paragraph 5(7)(a), after “section 242(3) of this Act” insert “ or a service outside Greater London which, but for section 179(2), would be part of the London bus network ”.
“English permit holder” means—
“English travel concessions” means the travel concessions to which certain persons whose sole or principal residence is in England are entitled—
Amend the 2000 Act as follows.
After section 145A (England: mandatory concessions for journeys not beginning on the London bus network) insert—
In section 146 (mandatory concessions: supplementary), the definition of “a half-price travel concession” applies in relation to England as in relation to Wales.
Amend section 147 (variation of mandatory concessions) as follows. For the words from “The Secretary of State” to “section 145(1)” substitute “ The Welsh Ministers may by order amend either or both of sections 145B and 146 for or in connection with securing that section 145B(1) ”. For the heading substitute “ Wales: variation of mandatory concessions ”.
In section 148 (enforcement), in subsection (1), for “145(1)” substitute “ 145A(1) or 145B(1) ”.
In section 162(1) (interpretation of Part 2)—
the definition of “half-price travel concession” applies in relation to England as in relation to Wales;
“London authority” has the meaning given in section 146,
“Scottish permit holder” means a person to whom a current travel concession permit has been issued under a national travel concession scheme made under section 40 of the Transport (Scotland) Act 2005 (asp 12);
In this section “London authority” and “travel concession authority” have the meaning given by section 146 of the 2000 Act.
Any power of the Secretary of State or the Welsh Ministers to make an order under this Act is exercisable by statutory instrument.
An order under this Act may make different provision for different cases, purposes or areas.
An order under section 8, 9, 10 or 13 may include appropriate incidental, supplementary, consequential or transitional provision or savings (including provision amending this Act).
A statutory instrument containing an order under section 8 shall be subject to annulment in pursuance of a resolution of either House of Parliament.
An order may not be made by the Secretary of State under section 9, 10 or 13 (whether alone or concurrently with the Welsh Ministers) unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.
An order may not be made by the Welsh Ministers under section 10 (whether alone or concurrently with the Secretary of State) unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, the National Assembly for Wales.
In this Act—
under section 145A(1) of the 2000 Act, and
Schedule 2 contains minor and consequential amendments.
Schedule 3 contains repeals and revocations.
The Secretary of State may by order make any amendments, repeals or revocations of any relevant enactment that appear to him to be appropriate in consequence of any provision of this Act.
“Relevant enactment” means any other enactment passed or instrument made on or before the last day of the session in which this Act is passed.
This Act extends to England and Wales only.
This Act shall come into force on such day as the Secretary of State may by order appoint, and different days may be appointed for different purposes.
The Secretary of State may by order make any transitional provision or savings which appear appropriate in connection with the coming into force of any provision of this Act.
The power conferred on the Welsh Ministers by section 147 of the 2000 Act includes power to make any amendment of that Act that could have been made by amending or revoking any provision of the Travel Concessions (Extension of Entitlement) (Wales) Order 2001 (S.I. 2001/3765) revoked by this Act.
This Act may be cited as the Concessionary Bus Travel Act 2007.
Section 5
Amend Schedule 16 to the 1999 Act as follows.
In paragraph 1— For the italic heading before paragraph 1 substitute “ Additional concession required for blind eligible London residents ”.
“Welsh travel concessions” means the travel concessions to which certain persons who are resident in Wales are entitled under section 145B(1) and (2) of the 2000 Act.
Amend paragraph 2 as follows. In sub-paragraph (1), for “the concession required” substitute “ the additional concession required ”. In sub-paragraph (2), in the opening words, after “falling within section 242(2) of this Act” insert “ (so far as not falling within section 242(8) of this Act) ”. For the italic heading before paragraph 2 substitute “ Additional concession required for other eligible London residents ”.
Section 13(1)
Amend the 1999 Act as follows.
In section 244 (exercise of functions by a joint committee), in subsection (1), at the end of paragraph (b) insertor .
In section 420 (regulations and orders), in subsection (7), insert each of the following at the appropriate place—
“ section 243(7); ”, and
“ paragraph 4(1A) of Schedule 16; ”.
Section 13(2) Title and number Extent of repeal or revocation Greater London Authority Act 1999 (c. 29) In section 241— in subsection (1), in the opening words, “for London residents”; in the heading, “for London residents”. In section 242— in subsection (1), in the opening words, “for London residents”; subsection (10). In section 243(1), in the opening words, “for London residents”. In section 420(8), “section 242(10);”. Transport Act 2000 (c. 38) In section 146, in the definition of “travel concession authority”, the word “or” at the end of paragraph (c). Section 151(12). In Schedule 11, paragraph 23. Travel Concessions (Extension of Entitlement) (Wales) Order 2001 (S.I. 2001/3765) The whole order. Travel Concessions (Extension of Entitlement) (England) Order 2005 (S.I. 2005/3224) The whole order.