Transport Act 2000 (c. 38)

(The document as of February, 2008)

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(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 the 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

151 Concessions in Greater London

(1) Chapter VIII of Part IV of the [1999 c. 29.] 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 "are persons, or any description of persons," substitute "by an authority are persons appearing to the authority to be persons" and for paragraphs (b) and (c) substitute--

" (b) who are blind;

(d) who are profoundly or severely deaf;

(e) who are without speech;

(f) who have a disability, or have suffered an injury, which has a substantial and long-term adverse effect on their ability to walk;

(g) who do not have arms or have long-term loss of the use of both arms;

(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 [1988 c. 52.] Road Traffic Act 1988, would have their applications refused pursuant to section 92 of that Act (physical fitness) otherwise than on the ground of persistent misuse of drugs or alcohol. "

(5) After that subsection insert--

" (5A) The Secretary of State may issue guidance to local authorities to which they must have regard in determining whether a person falls within subsection (5)(b) to (i) above.

(5B) Before issuing guidance under subsection (5A) above the Secretary of State shall consult--

(a) the Disabled Persons Transport Advisory Committee;

(b) associations representative of local authorities; and

(6) In section 241(1) (reserve free travel scheme), after "provided for" insert "all".

(7) 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.

(8) 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. "

(9) In subsection (2), for "Those journeys" substitute "The journeys referred to in subsection (1)(a) above".

(10) In subsection (5), for "The requirements of this section as to scope do" substitute "Subsection (1)(a) above does".

(11) 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".

(12) 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 [1971 c. 80.] 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. "

(13) 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

152 Agreements providing for service subsidies

(1) Part V of the [1985 c. 67.] 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

(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 108(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."

153 Competition test for exercise of bus functions

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.

154 Grants to bus service operators

(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 [1965 c. 25.] Finance Act 1965 (grants towards duty charged on bus fuel) and section 111 of the [1985 c. 67.] Transport Act 1985 (unregistered and unreliable local services: reduction of fuel duty grant) cease to have effect.

155 Penalties

(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 [1985 c. 67.] Transport Act 1985,

(b) operated a local service in contravention of that section or section 118(4) or 129(1)(b) of this Act, or

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.

156 Non-metropolitan transport grants

(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 non-metropolitan transport authorities for the purpose of--

(a) securing the establishment, continuance or improvement of any public passenger transport service which in his or its opinion is or will be for the benefit of persons residing in their area, or

(b) securing the provision of new facilities for, or new services ancillary to, any such service which in his or its opinion are or will be for the benefit of such persons.

(2) 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).

(3) A determination under subsection (2) may be made either generally or in relation to particular cases or classes of case.

(4) In this section "non-metropolitan transport authority" means--

(a) a county council in England,

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

157 Grants to Passenger Transport Authorities

(1) The Secretary of State may, with the approval of the Treasury, make grants to the Passenger Transport Authority for a passenger transport area in England for the purpose of enabling the Authority, or the Passenger Transport Executive for the area, to carry out any of their functions.

(2) 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.

(3) A determination under subsection (2) may be made either generally or in relation to particular cases or classes of case.

158 Repayment of grants towards bus fuel duty

(1) Section 111 of the [1985 c. 67.] Transport Act 1985 (unregistered and unreliable local services: requirement to repay twenty per cent. of bus fuel duty grants) is amended as follows (until it ceases to have effect as a result of section 154(6)).

(2) For subsections (2) to (4) substitute--

" (2) If any amount has been paid to the operator by way of grant under section 92 of the [1965 c. 25.] Finance Act 1965 (grants towards duty charged on bus fuel) in respect of any services operated during the period of three months ending with the day on which the determination under subsection (1) above is made, there is due from the operator--

(a) to the Secretary of State (as respects England); or

(b) to the National Assembly for Wales (as respects Wales),

such percentage of that amount as the traffic commissioner thinks fit in all the circumstances of the case.

(3) The percentage determined shall be at least one per cent. but not more than twenty per cent.

(4) A traffic commissioner who makes a determination under this section shall 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;

and the operator may appeal to the Transport Tribunal against the determination. "

(3) In subsection (5), omit--

(a) "to the Secretary of State", and

(b) the words from "and any amount" to the end.

159 Abolition of financial plans of Passenger Transport Executives

Sections 3 to 5 of the [1983 c. 10.] Transport Act 1983 (duty of Passenger Transport Executives to prepare three-year financial plans and determination of revenue grants) shall cease to have effect.

Supplementary

160 Part II: regulations and orders

(1) Any power to make regulations or orders under this Part--

(a) is exercisable by statutory instrument,

(b) includes power to make different provision for different cases, and

(2) A statutory instrument containing regulations or an order made by a Minister of the Crown under this Part (whether alone or jointly with the National Assembly for Wales) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

161 Part II: minor and consequential amendments

Schedule 11 makes minor and consequential amendments relating to this Part.

162 Interpretation of Part II

(1) In this Part--

"appropriate national authority", in relation to a quality partnership scheme, a quality contracts scheme or a ticketing scheme, means--
(a)
the Secretary of State, as respects a scheme relating to an area in England,
(b)
the National Assembly for Wales, as respects a scheme relating to an area in Wales, or
(c)
the Secretary of State and the National Assembly for Wales acting jointly, as respects a scheme relating to an area in England and Wales,
"bus services" has the meaning given in section 110(5),
"community bus permit" means a permit under section 22 of the [1985 c. 67.] Transport Act 1985,
"connecting rail or tram service" has the meaning given in section 135(5),
"disabled person" has the meaning given in section 146,
"elderly person" has the meaning given in section 146,
"eligible service" has the meaning given in section 146,
"half-price travel concession" has the meaning given in section 146,
"local transport authority" has the meaning given in section 108(4),
"London transport authority" means the Greater London Authority, a London borough council or the Common Council of the City of London,
"quality contract" has the meaning given in section 124(4),
"quality contracts scheme" is to be construed in accordance with section 124(3),
"quality partnership scheme" is to be construed in accordance with section 114(2),
"railway" and "tramway" have the meanings given in section 67(1) of the [1992 c. 42.] Transport and Works Act 1992,
"relevant time" has the meaning given in section 146,
"ticketing scheme" is to be construed in accordance with section 135(3),
"traffic regulation order" means an order under the [1984 c. 27.] Road Traffic Regulation Act 1984 or any other enactment (other than this Act) regulating the use of roads or other places by public service vehicles, and
"travel concession authority" has the meaning given in section 146.

(2) In this Part the expressions listed below have the same meaning as in the [1981 c. 14.] Public Passenger Vehicles Act 1981--

"fares",
"modification",
"public service vehicle",
"PSV operator's licence",
"road", and
"traffic commissioner".

(3) In this Part the expressions listed below have the same meaning as in the [1985 c. 67.] Transport Act 1985--

"local service",
"public passenger transport services",
"stopping place", and
"traffic area".

(4) Where a reference to an authority in any of the following provisions is to a Passenger Transport Authority, it is to be construed as a reference to the Passenger Transport Executive for the passenger transport area concerned; and where a reference to authorities in any of those provisions is to one or more Passenger Transport Authorities, it is to be construed as a reference to the Passenger Transport Executive or Executives for the passenger transport area or areas concerned--

section 114(2)(a),
section 116(2)(a) and (4)(a),
section 118(1) and (2),
section 124(4)(a), (5) and (7),
section 129(4),
section 130,
section 131,
section 139(5), and
section 140.

(5) References in this Part to Passenger Transport Authorities and Executives and to passenger transport areas are references respectively to the Passenger Transport Authorities and Executives, and to passenger transport areas, for the purposes of Part II of the [1968 c. 73.] Transport Act 1968.

(6) References in this Part to the local transport plan or bus strategy of a Passenger Transport Authority for a passenger transport area are to the local transport plan or bus strategy made jointly by the Passenger Transport Authority and the councils for the metropolitan districts comprised in the area.

(7) References in this Part to the operator of a passenger transport service of any description are to be construed in accordance with section 137(7) of the [1985 c. 67.] Transport Act 1985.

Part III Road user charging and workplace parking levy

Chapter I Road user charging

Charging schemes

163 Preliminary

(1) In this Part "charging scheme" means a scheme for imposing charges in respect of the use or keeping of motor vehicles on roads.

(2) Charges imposed in respect of any motor vehicle by a charging scheme under this Part shall be paid--

(a) by the registered keeper of the motor vehicle, or

(b) in circumstances specified in regulations made by the appropriate national authority, by such person as is so specified.

(3) A charging scheme may be made--

(a) by a non-metropolitan local traffic authority ("a local charging scheme"),

(b) jointly by more than one non-metropolitan local traffic authority ("a joint local charging scheme"),

(c) jointly by one or more non-metropolitan local traffic authorities and one or more London traffic authorities ("a joint local-London charging scheme"), or

(d) by the Secretary of State or the National Assembly for Wales ("a trunk road charging scheme").

(4) In this Part references to a non-metropolitan local traffic authority are to a local traffic authority for an area outside Greater London.

(5) In this Part--

(a) "the charging authority", in relation to a charging scheme under this Part made or proposed to be made by one authority, means the authority by which the charging scheme is or is proposed to be made, and

(b) "the charging authorities", in relation to a charging scheme under this Part made or proposed to be made jointly by more than one authority, means the authorities by which the charging scheme is or is proposed to be made.

(6) The power to make joint local-London charging schemes conferred by this Part does not limit any of the powers in Schedule 23 to the [1999 c. 29.] Greater London Authority Act 1999 (road user charging in Greater London).

164 Local charging schemes

(1) A local charging scheme may only be made in respect of roads for which the charging authority are the traffic authority.

(2) A local charging scheme may only be made if it appears desirable for the purpose of directly or indirectly facilitating the achievement of policies in the charging authority's local transport plan.

165 Joint local charging schemes

(1) A joint local charging scheme may only be made in respect of roads for which any of the charging authorities are the traffic authority.

(2) A joint local charging scheme may only be made if it appears desirable for the purpose of directly or indirectly facilitating the achievement of policies in the charging authorities' local transport plans.

166 Joint local-London charging schemes

(1) A joint local-London charging scheme may only be made in respect of--

(a) roads for which the non-metropolitan local traffic authority, or any of the non-metropolitan local traffic authorities, by which it is made are the traffic authority, and

(b) roads in respect of which the London traffic authority, or any of the London traffic authorities, by which it is made may impose charges by a scheme under Schedule 23 to the [1999 c. 29.] Greater London Authority Act 1999 without the consent of the Secretary of State.

(2) A joint local-London charging scheme may only be made if it appears desirable for the purpose of directly or indirectly facilitating the achievement of--

(a) policies in the local transport plan of the non-metropolitan local traffic authority, or the local transport plans of the non-metropolitan local traffic authorities, by which it is made, and

(b) policies and proposals set out in the transport strategy prepared and published by the Mayor of London under section 142 of the [1999 c. 29.] Greater London Authority Act 1999.

167 Trunk road charging schemes

(1) A trunk road charging scheme may only be made--

(a) by the Secretary of State in respect of roads for which he is the traffic authority, or

(b) by the National Assembly for Wales in respect of roads for which it is the traffic authority.

(2) A trunk road charging scheme may only be made in respect of a road if--

(a) the road is carried by a bridge, or passes through a tunnel, of at least 600 metres in length, or

(b) a local traffic authority or Transport for London has requested the charging authority to make the trunk road charging scheme in connection with a charging scheme under this Part, or a scheme under Schedule 23 to the [1999 c. 29.] Greater London Authority Act 1999, made or proposed by them.

Making of charging schemes

168 Charging schemes to be made by order

(1) A charging scheme under this Part is made by order of the charging authority or of the charging authorities (acting jointly).

(2) The charging authority or the charging authorities (acting jointly) may by order vary a charging scheme under this Part and the charging authority or any of the charging authorities may by order revoke such a scheme; but where a trunk road charging scheme is made at the request of a local traffic authority or Transport for London, it shall not be varied or revoked unless the local traffic authority, or Transport for London, have been consulted about its variation or revocation.

(3) The appropriate national authority may make regulations about orders making, varying or revoking charging schemes under this Part, including (in particular)--

(a) provision specifying the form of orders,

(b) provision about the publication of proposals for orders making or varying such charging schemes and the making and consideration of objections to such proposals, and

(4) Before making regulations under subsection (3) which relate to joint local-London charging schemes the Secretary of State shall consult the Greater London Authority about the regulations so far as they so relate.

169 Confirmation of charging schemes

(1) A charging scheme under this Part, other than a trunk road charging scheme, shall not come into force unless the order making it has been submitted to and confirmed by the appropriate national authority; and a variation of such a charging scheme shall not take effect until the order making the variation has been so submitted and confirmed.

(2) Subsection (1) does not apply in such circumstances as may be specified in or determined in accordance with regulations made by the appropriate national authority.

(3) A joint local-London charging scheme shall not come into force unless the order making it has been submitted to and confirmed by the Greater London Authority; and a variation or revocation of such a charging scheme shall not take effect until the order making the variation or revocation has been so submitted and confirmed.

(4) Where confirmation of an order is required by this section, the order may be confirmed with or without modifications.

(5) Where confirmation by both the Secretary of State and the Greater London Authority of an order making a joint local-London charging scheme, or a variation of such a charging scheme, is required by this section--

(a) the order shall not be submitted to the Secretary of State until it has been confirmed by the Greater London Authority,

(b) if the order has been confirmed by the Greater London Authority with modifications it is the modified order that must be submitted to the Secretary of State, and

(c) the order may not be confirmed with modifications by the Secretary of State until the modifications have been confirmed by the Greater London Authority.

170 Charging schemes: consultation and inquiries

(1) The charging authority or the charging authorities (acting jointly) may at any time before an order making, varying or revoking a charging scheme under this Part is made, consult other persons about the charging scheme, variation or revocation.

(2) The charging authority or the charging authorities (acting jointly)--

(a) may cause an inquiry to be held in relation to a charging scheme under this Part, or the variation or revocation of such a scheme, and

(b) may appoint the person or persons by whom such an inquiry is to be held.

(3) The appropriate national authority may at any time--

(a) before an order making or varying a charging scheme under this Part (other than a trunk road charging scheme) is made, or

(b) (where such an order has to be confirmed) before it is confirmed,

consult other persons, or require the charging authority or authorities to consult other persons, about the charging scheme or variation.

(4) The appropriate national authority--

(a) may cause an inquiry to be held in relation to a charging scheme under this Part (other than a trunk road charging scheme) or the variation of such a scheme, and

(b) may appoint the person or persons by whom such an inquiry is to be held.

(5) In the case of a joint local-London charging scheme--

(a) the Greater London Authority may, at any time before an order making, varying or revoking the charging scheme is confirmed by that Authority, consult other persons, or require the charging authorities to consult other persons, about the charging scheme, variation or revocation, and

(b) the Secretary of State shall not cause an inquiry to be held in relation to the charging scheme, or the variation of the charging scheme, or appoint the person or persons by whom such an inquiry is to be held, without the consent of the Greater London Authority.

(6) Subsections (2) and (3) of section 250 of the [1972 c. 70.] Local Government Act 1972 (witnesses at local inquiries) apply in relation to any inquiry held by virtue of this section.

(7) Where an inquiry is held by virtue of this section in relation to a charging scheme, or the variation or revocation of such a scheme, the costs of the inquiry shall be paid--

(a) in the case of a trunk road charging scheme made by virtue of section 167(2)(b), by the local traffic authority which requested the making of the scheme (or Transport for London, if it did), and

(b) in any other case, by the charging authority or authorities;

and the parties at the inquiry shall bear their own costs.

Contents of charging schemes

171 Matters to be dealt with in charging schemes

(1) A charging scheme under this Part must--

(a) designate the roads in respect of which charges are imposed,

(b) specify or describe the events by reference to the happening of which a charge is imposed in respect of a motor vehicle being used or kept on a road,

(d) specify the charges imposed, and

(e) state whether or not the charging scheme is to remain in force indefinitely and, if it is not to remain in force indefinitely, the period for which it is to remain in force.

(2) Subject to sections 164 to 167 and to any modifications made by virtue of section 169, the designation of the roads in respect of which charges are imposed by a charging scheme under this Part shall be such as the charging authority or authorities may determine.

(3) Any charge imposed by a charging scheme under this Part in respect of the keeping of a motor vehicle on a road must also have effect in respect of the use of the motor vehicle on that road.

(4) A charging scheme under this Part may make provision in relation to the manner in which charges are to be made, collected, recorded and paid.

(5) The charges that may be imposed by a charging scheme under this Part include different charges (which may be no charge) for different cases, including (in particular)--

(a) different days,

(b) different times of day,

(d) different distances travelled, and

(e) different classes of motor vehicles.

(6) In setting the charges imposed by a charging scheme under this Part, regard may be had to the purposes for which any of the net proceeds of the charging scheme may be applied (in accordance with Schedule 12).

(7) A charging scheme under this Part may contain provision requiring--

(a) documents to be displayed while a motor vehicle is on a road in respect of which charges are imposed, or

(b) equipment to be carried in or fitted to a motor vehicle while it is on such a road.

172 Charging schemes: exemptions etc

(1) The appropriate national authority may make regulations requiring charging schemes under this Part to contain provision for or in connection with--

(a) exemptions from charges,

(b) the application of reduced rates of charges, or

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