concessionary travel act 2007

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Concessionary Bus Travel Act 2007

An Act to make provision about travel concessions; and for connected purposes.

[19th July 2007]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

National concession: journeys not beginning on London bus network

1 The national concession

For section 145 of the Transport Act 2000 (c. 38) (mandatory concessions outside Greater London) and the heading before the section substitute—

‘Mandatory travel concessions for journeys not beginning on the London bus network

145A England: mandatory concessions for journeys not beginning on the London bus network

(1) Any person to whom a current statutory travel concession permit has been issued and who travels on an eligible journey on an eligible service is entitled, on production of the permit, to a concession consisting of a waiver of the fare for the journey by the operator of the service.

(a) is between places in England,

(b) begins at a relevant time, and

(c) is not one to which section 242(8) of the Greater London Authority Act 1999 (journeys beginning on the London bus network) applies.

(a) a permit issued pursuant to subsection (4),

(b) a permit issued by a London authority relating to the travel concession specified in section 242(8) and (8A) of the Greater London Authority Act 1999 (travel concessions on journeys beginning on the London bus network etc), or

(c) a permit issued by a London authority pursuant to paragraph 4(2) of Schedule 16 to that Act (free travel scheme in Greater London).

(4) A travel concession authority in England other than a London authority must, on an application made to it by any person who appears to the authority to be an elderly or disabled person whose sole or principal residence is in the authority's area, issue to the person free of charge a permit indicating that he is entitled to the concession specified in subsection (1).

(a) as may be specified in regulations made by the Secretary of State, and

(b) subject to that, as the authority issuing the permit considers appropriate.

(6) The Secretary of State may issue guidance to travel concession authorities in England to which they must have regard in determining for the purposes of subsection (4) whether a person is a disabled person.

(a) the Disabled Persons Transport Advisory Committee,

(b) associations representative of travel concession authorities, and

(c) such other persons as he thinks fit.

(8) The Secretary of State may issue guidance to travel concession authorities in England to which they must have regard in determining for the purposes of subsection (4) whether a person has his sole or principal residence in an authority's area.

(a) the concession specified in subsection (1), and

(b) the concession provided by virtue of section 242(8) of, or paragraph A1 of Schedule 16 to, the Greater London Authority Act 1999 ,

for a period in return for being entitled during that period to receive travel concessions under a scheme under section 93 of the Transport Act 1985 to which the authority is a party (if the scheme provides that a person may not receive travel concessions under the scheme unless he so agrees).

(10) The Secretary of State may by regulations make provision about agreements within subsection (9).

(a) requiring the serving of notices before an agreement is made,

(b) about the form of agreements, and

(c) as to the period for which a person may agree not to be entitled to the concessions mentioned in subsection (9)(a) and (b).

2 The national concession: supplementary

(1) Amend section 146 of the 2000 Act (mandatory concessions: supplementary) as follows.

(2) After the definition of ‘a half-price travel concession’ insert—

"‘London authority" means a London borough council or the Common Council of the City of London,

(3) In the definition of ‘travel concession authority’—

(a) after paragraph (b) insert—

‘(ba) a London authority,

(b) after paragraph (c) insert—

‘(ca) the Council of the Isles of Scilly, or

3 Reimbursement of operators

(1) Amend section 149 of the 2000 Act (reimbursement of operators) as follows.

(2) For subsection (1) substitute—

‘(1) Where—

(a) an operator provides concessions under section 145A(1) in respect of eligible journeys beginning in the area of a travel concession authority in England, or

(b) an operator provides concessions under section 145B(1) for persons who reside in the area of a travel concession authority in Wales,

the authority shall reimburse the operator for providing the concessions.

(3) In subsection (2)(a), for ‘for persons who reside in their area, or’ substitute—

‘(i) in respect of eligible journeys beginning in the authority's area (if the authority is in England), or

(ii) for persons who reside in the authority's area (if the authority is in Wales), or

(4) Amend section 150 of the 2000 Act (procedure for reimbursement arrangements determined by authority) as follows.

(5) In subsection (4)—

(a) for ‘subsection (3)’ substitute ‘subsection (3)(a)’;

(b) for ‘28 days’ substitute ‘56 days’.

(6) After subsection (4) insert—

‘(4A) An application under subsection (3)(b) 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.

National concession: journeys beginning on London bus network

4 The national concession: journeys beginning on London bus network

(1) Amend section 240 of the Greater London Authority Act 1999 (c. 29)

(travel concessions on journeys in and around Greater London) as follows.

(2) In subsection (5)—

(a) for ‘persons appearing to the authority to be persons—’ substitute—

‘(a) persons appearing to the authority to have their sole or principal residence in the authority's area and to be persons—

(b) renumber paragraphs (a) to (i) as sub-paragraphs (i) to (ix) of paragraph (a);

(c) at the end of the subsection insert; or

‘(b) persons to whom a current statutory travel concession permit has been issued under section 145A(4) of the Transport Act 2000 .

(3) In subsection (5A), for ‘(5)(b) to (i)’ substitute ‘(5)(a)(ii) to (ix)’.

(4) After subsection (5B) insert—

‘(5C) The Secretary of State may issue guidance to local authorities to which they must have regard in determining for the purposes of this Chapter whether a person has his sole or principal residence in an authority's area.

5 Reserve free travel scheme

(1) Amend section 241 of the 1999 Act (reserve free travel scheme for London residents) as follows.

(2) In subsection (1)—

(a) in the opening words, omit ‘for London residents’;

(b) in the closing words, after ‘are provided for’ insert ‘all eligible England residents and that additional travel concessions are provided for’.

(3) In subsection (2), after ‘apply to’ insert ‘certain eligible England residents or’.

(4) In subsection (3), after ‘travel concessions for’ insert ‘eligible England residents and the additional travel concessions for’.

(5) For subsection (4) substitute—

‘(4) In this Chapter—

(a) persons to whom a current statutory travel concession permit has been issued under section 145A(4) of the Transport Act 2000 , and

(b) eligible London residents;

"eligible London residents" means persons whose sole or principal residence is in Greater London and who are eligible in accordance with section 240(5)(a) above to receive travel concessions under arrangements under subsection (1) of that section.

(6) In the heading, omit ‘for London residents’.

(7) Schedule 1 contains amendments of Schedule 16 to the 1999 Act (the London free travel scheme).

6 Requirements as to scope

(1) Amend section 242 of the 1999 Act (requirements as to scope) as follows.

(b) for paragraph (b) and the word ‘and’ before it substitute—

‘(b) for the grant to all eligible England residents of the travel concession specified in subsection (8) below; and

(c) for the grant to all eligible London residents of the additional travel concession specified in subsection (8A) below.

(3) After subsection (1) insert—

‘(1A) Paragraphs (b) and (c) of subsection (1) above are not to be taken as restricting the concessions that may be provided to eligible London residents on the London bus network by virtue of paragraph (a) of that subsection.

(4) In subsection (7), for ‘paragraphs of section 240 (5)’ substitute ‘sub-paragraphs of section 240(5) (a)’.

(5) For subsection (8) substitute—

‘(8) The travel concession which must be granted for all eligible England residents is a waiver of the fare ...

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• You are here
• Everything Explained.Today
• A-Z Contents
• Concessionary Bus Travel Act 2007

Concessionary Bus Travel Act 2007 Explained

The Concessionary Bus Travel Act 2007 is an Act of the Parliament of the United Kingdom which entitles all people resident in England who are either disabled or over the age of 60 to free travel on local bus es at off-peak times anywhere within England (transport being a devolved matter and therefore within the purview of the Scottish Parliament , Welsh Assembly and Northern Ireland Assembly ); previously, free travel had only been available within the recipient's local authority area. [4]

According to Age UK free bus travel is a life line enabling older people to maintain independence and get to local services, notably health care and shopping. Free bus travel combats social isolation and increases social inclusion allowing older people to stay in touch with their friends and families. [5]

Under the scheme, bus companies are compensated by local authorities for carrying passholders, and the authorities in turn receive funding from central Government to offset the cost, in the form of a special grant under s.88B of the Local Government Finance Act 1988 , [6] for which a total of £212 million has been allocated. This is distributed using a funding formula on the basis of four factors (eligiblepopulation, bus patronage, overnight visitors and retail floor space), [7] in the following proportions:

As of 2014 there is concern about funding for this service, government funding fell 39% from 2010 and Local authorities are forced to pay for this at the expense of other services. Rural bus services and less popular routes are being cut due to low funding and the Local Government Association plans to appeal to George Osborne , Chancellor of the Exchequer to reverse cuts and protect bus services under threat.

Passage through Parliament

As is common for uncontroversial measures, the Bill was introduced in the House of Lords , where it received cross-party support. [11] It received third reading from the Lords on 5 February 2006, and from the Commons on 28 June, with minor amendments, including one allowing the Government to make payments from public funds to fund the scheme, since money bills cannot be started in the Lords. These amendments were agreed to on 5 July, and the Bill received Royal Assent on 19 July. Under the commencement order , the Bill entered into force to allow the making of some regulations by the Secretary of State , and for some other preliminary purposes, on 17 October 2007, and in full on 1 April 2008.

External links

• The Concessionary Bus Travel Act 2007 , as amended from the National Archives .
• The Concessionary Bus Travel Act 2007 , as originally enacted from the National Archives .
• Explanatory notes to the Concessionary Bus Travel Act 2007.

Notes and References

• The citation of this Act by this short title is authorised by section 16 of this Act.
• http://www.opsi.gov.uk/si/si2007/uksi_20072799_en_1 The Concessionary Bus Travel Act 2007 (Commencement and Transitional Provisions) Order 2007
• Web site: Department for Transport . Department for Transport . Concessionary Bus Travel Act 2007 . 2007-08-23 . 2008-03-14 . dead . https://web.archive.org/web/20080308013748/http://www.dft.gov.uk/pgr/regional/buses/concessionary/concessionarybustravelbill/ . 8 March 2008 .
• http://www.ageuk.org.uk/scotland/about-us/policy-and-parliament-/concessionary-travel-scheme/ Concessionary Travel Scheme
• Web site: Department for Transport . Department for Transport . Local Authority special grant funding for the 2008 national bus concession in England . 2008-03-14 . dead . https://web.archive.org/web/20080905223745/http://www.dft.gov.uk/consultations/closed/consulnattravelconcess08/cpdfconsulnatbustravel08.pdf . 5 September 2008 .
• Web site: Department for Transport. Department for Transport . Concessionary Fares 2008/9 Special Grant . http://webarchive.nationalarchives.gov.uk/20080305202146/http://www.dft.gov.uk/pgr/regional/buses/concessionary/nbcfaddtngrants/concessgrantfaqs.pdf. dead. 2008-03-05. 2008-03-14.
• Web site: Tyne and Wear Passenger Transport Authority . 2006. DOC . 2008-03-14.
• http://www.wandsworthguardian.co.uk/news/national/news/11046572.Free_bus_pass_threat_to_services/ Free bus pass threat to services
• https://www.independent.co.uk/news/uk/politics/cashstrapped-local-governments-could-be-forced-to-ditch-subsidised-bus-services-for-the-elderly-and-disabled-9161308.html Cash-strapped local governments could be forced to ditch subsidised bus services for the elderly and disabled

This article is licensed under the GNU Free Documentation License . It uses material from the Wikipedia article " Concessionary Bus Travel Act 2007 ".

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• Transport accessibility and disability
• DPTAC position on eligibility criteria for concessionary bus travel

DPTAC position on the eligibility criteria for concessionary bus travel

Published 17 August 2022

© Crown copyright 2022

This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: [email protected] .

Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned.

This publication is available at https://www.gov.uk/government/publications/dptac-position-on-eligibility-criteria-for-concessionary-bus-travel/dptac-position-on-the-eligibility-criteria-for-concessionary-bus-travel

Introduction

‘Bus Back Better’ the National Bus Strategy published in March 2021 included a commitment to review eligibility for the concessionary bus pass for disabled people. DPTAC believes that this is an important opportunity to bring these criteria in line with current understanding of disability. To prepare for the review DPTAC has discussed the changes which we would like to see and prepared this position paper setting these out. This position paper sits alongside similar work we have been doing to widen eligibility for the Disabled Person’s Railcard.

Legal background

A mandatory bus concession scheme for older and disabled people has been in place since 2001. It has been gradually extended and since April 2008.

Under the English National Concessionary Travel Scheme, bus passengers aged over female state pension age, or with a disability, have been entitled to travel free of charge on any off-peak local service in England.

The scheme is enshrined in primary legislation through the ‘ Greater London Authority Act 1999 ’ and the ‘ Transport Act 2000 ’ (as modified by the ‘ Concessionary Bus Travel Act 2007 ’).

Local Travel Concession Authorities ( TCAs ) are responsible for administering the scheme.

Since April 2011, county councils, unitary authorities, passenger transport executives and London boroughs have held TCA responsibility and, therefore, responsibility for running the schemes.

Additional to the mandatory bus concession, they are able to make use of powers provided by the Greater London Authority Act 1999 and the Transport Act 1985 to offer discretionary concessionary travel schemes.

An example of a discretionary concessionary travel scheme is that if you live in London, you can travel free on buses, tubes and other transport when you’re 60, but only within London.

Current eligibility criteria

There are currently 7 categories of disabled people entitled to the statutory minimum concession and these are set out in section 146 of the Transport Act 2000 and section 240(5) of the Greater London authority act (in relation to London) .

Currently an eligible disabled person is someone who:

• is blind or partially sighted
• is profoundly or severely deaf
• is without speech
• has a disability, or has suffered an injury, which has a substantial and long-term adverse effect on his or her ability to walk
• does not have arms or has long-term loss of the use of both arms
• has a learning disability, that is, a state of arrested or incomplete development of mind which includes significant impairment of intelligence and social functioning
• would, if he or she applied for the grant of a licence to drive a motor vehicle under Part III of the Road Traffic Act 1988 , have his or her application refused pursuant to section 92 of the Act (physical fitness) otherwise than on the ground of persistent misuse of drugs or alcohol

The range of disabilities currently entitled to the statutory minimum bus concessions has not kept pace with the much-improved understanding of disability now available. In particular, the current eligibility criteria do not generally include people with non-visible disabilities.

Changes to the eligibility criteria for Personal Independence Payment and the national Blue Badge scheme introduced in recent years have both given greater recognition to non-visible disabilities and how they can impact on mobility.  This means that benefits which have in the past been used to authorise entitlement to a bus pass can now consider factors which do not entitle someone to a bus pass.

In addition to the obvious anomalies and potential injustices which this creates it also means the ‘passporting’ approach where eligibility for one benefit creates an automatic entitlement to another has to be applied with caution when deciding whether to issue an individual with a bus pass.

There is an evident need to review and update the eligibility criteria to ensure they reflect the full range of conditions experienced by disabled people, as well as ensuring that qualifying criteria are focused on those most in need of assistance.

Non-visible disabilities

There is a wide range of disabilities not necessarily ‘visible’ to other people.

DPTAC has created the following list after careful thought and consultation. While it is not exhaustive, we believe it broadly covers the main range of non-visible disabilities.

Non-visible disabilities may include:

• mental health conditions, for example, anxiety, depression, obsessive-compulsive disorder ( OCD ), schizophrenia, personality disorders
• autism and Asperger syndrome
• sensory processing difficulties
• cognitive impairment, for example, dementia, traumatic brain injury, learning disabilities
• ‘non-visible’ physical health conditions, for example, chronic pain, respiratory conditions, diabetes, incontinence
• hearing loss
• low or restricted vision

DPTAC believes it is important to emphasise that there is no strict delineation between visible and non-visible disabilities and to remember that sometimes people experience a combination of both, for example, a person in a wheelchair may also have a mental health condition.

It is easy to see how people with hearing loss and/or low or restricted vision can fit into the current bus concession criteria, but unless the disabled person happens to have an inability to walk or drive, it is more difficult to see how the other non-visible disabilities might fit in with the current bus concession criteria.

For example, someone who has autism, but does not also have a significant learning disability, may well find it difficult to travel through anxiety and/or sensory difficulties, but they would be unlikely to be awarded a bus pass.

The same goes for people with mental health conditions, however severe they are. Without significant impairment of intelligence, they too would appear to be currently ineligible for concessionary travel. This would also be true for some people with non-visible physical health conditions, for example, chronic pain.

Opportunities

Unless you are visually impaired most, if not all, bus pass concession schemes permit only off-peak travel. They are not specifically designed to encourage commuting travel to and from work.

However, lower employment rates for disabled people remain a significant problem with transport constituting an important barrier to employment.

An opportunity exists, therefore, to review whether the current bus pass scheme could be developed to encourage and facilitate travel to/from work by disabled people.

The guidance from the Department for Transport ( DfT ) to local TCAs concerning the evidence they might ask for from disabled person bus pass applicants is brief.

TCAs vary in their requirements for proof of eligibility and there is an opportunity for DfT to provide a more comprehensive list of suggested proof of eligibility to TCAs that would ensure greater equality of access to bus passes across the country.

DPTAC recommendations for review

DPTAC recommends a review of:

• the current eligibility criteria for a disabled person’s bus pass, founded in primary legislation, with a specific aim of more equitably including people with non-visible disabilities
• the times that people with disabilities can use their bus pass to travel
• the recommended qualifying criteria for each type of disability, including severity levels
• how the scheme applies to essential companions

The Disabled Persons Transport Advisory Committee ( DPTAC )

August 2022

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Section Concessionary Bus Travel Act 2007 (2007 c 13)

An Act to make provision about travel concessions; and for connected purposes.

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8 Variation of scope of the national concession E+W

(1) 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—

(a) 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),

(b) 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),

(c) 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,

(d) 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

(e) 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).

(2) In this section “ the national concession ” means the travel concession to which certain persons whose sole or principal residence is in England are entitled—

(a) under section 145A(1) of the 2000 Act, and

(b) by virtue of section 242(8) of, or paragraph A1 of Schedule 16 to, the 1999 Act.

(3) In this section “ London bus network ” has the meaning given by section 181 of the 1999 Act.

(4) 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).

Commencement Information

I1 S. 8 in force at 17.10.2007 for specified purposes by S.I. 2007/2799 , art. 2 (with art. 4 )

I2 S. 8 in force at 1.4.2008 in so far as not already in force by S.I. 2007/2799 , art. 3 (with art. 4 )

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Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

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