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Section 104 Travel concessions on services provided by Passenger Transport Executives.C2E1C1

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

A Passenger Transport Executive may not in exercise of their powers under section 10(1)(xiii) of the 1968 Act (power of Passenger Transport Executive to charge for services and waive their charges, etc.) provide travel concessions for persons travelling on any public passenger transport service provided by the Executive F1otherwise than in accordance with a scheme established under section 93 of this Act or in accordance with F2section 145A(1) of the Transport Act 2000, except where those concessions are provided under any agreement or arrangements under which the whole of the cost of providing those concessions is to be met by a person other than that Executive or the F3Authority for that Executive’s area.

(2)

The approval of the F4Authority for F5 an integrated transport area or a passenger transport area under section 15(2) of the 1968 Act (approval of Authority required for alterations by Executive in general level of charges and for reduction or waiver of charges by Executive) shall not be required for travel concessions granted by the Passenger Transport Executive for that area for persons travelling on any public passenger transport service provided by the Executive if those concessions are granted—

(a)

in accordance with any scheme established under section 93 of this Act by any authority other than the Authority for that Executive’s area or (as the case may be) by authorities who do not include that Authority; F6...

F7(aa)

in accordance with F8section 145A(1) of the Transport Act 2000; or

(b)

where that Executive’s area is in England and Wales, in pursuance of arrangements made with that Executive F9—

(i)

by any local authority within the meaning of the Care Act 2014 in the discharge of their functions under Part 1 of that Act (meeting needs for care and support), or

(F10ii)

by any local authority within the meaning of the Social Services and Well-being (Wales) Act 2014 in the discharge of their functions under Part 4 of that Act (meeting needs).

or correspond to travel concessions under any scheme established under section 93 of this Act by the Authority for that Executive’s area or (as the case may be) by authorities who include that Passenger Transport Authority.

(3)

For the purposes of subsection (2) above, travel concessions granted by the Executive for F11an integrated transport area or a passenger transport area on any such service correspond to travel concessions under any such scheme if they are—

(a)

of the same value;

(b)

available subject to the same terms, limitations or conditions; and

(c)

available to persons of the same description;

as the travel concessions provided under that scheme.

F12(4)

In this section “Authority”, in relation to an area, means the Integrated Transport Authority or, as the case may be, the Passenger Transport Authority for that area.

Annotations

Textual amendments

F1

Words in s. 104(1) substituted (E.W.) (1.6.2001 for E. and 1.4.2002 for W.) by 2000 c. 38, s. 161, Sch. 11 para. 18(1)(2); S.I. 2000/3229, art. 2, Sch. Pt. IV (with arts. 3, 4); S.I. 2001/2788, art. 3, Sch. 2 para. 2

F2

Words in s. 104(1) substituted (E.W.) (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), s. 15(1), Sch. 2 para. 4; S.I. 2007/2799, arts. 2, 3 (with art. 4)

F3

Word in s. 104(1) substituted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 36(2); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

F4

Word in s. 104(2) substituted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 36(2); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

F5

Words in s. 104(2) inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 36(3); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

F6

Word in s. 104(2)(a) repealed (26.10 2001 for E. and 14.8.2002 for W) by 2000 c. 38, s. 274, Sch. 31 Pt. II; S.I. 2001/3342, art. 2, Sch.; S.I. 2002/2024 , {art.2(b)}.

F7

S. 104(2)(aa) inserted (E.W.) (1.6.2001 for E. and 1.4.2002 for W.) by 2000 c. 38, s. 161, Sch. 11 para. 18(1)(3); S.I. 2000/3229, art. 2, Sch. Pt. IV (with arts. 3, 4); S.I. 2001/2788, art. 3, Sch. 2 para. 2

F8

Words in s. 104(2)(aa) substituted (E.W.) (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), s. 15(1), Sch. 2 para. 4; S.I. 2007/2799, arts. 2, 3 (with art. 4)

F9

S. 104(2)(b)(i) and sub-para number (ii) inserted (1.4.2015) by The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), art. 1(2), Sch. para. 35 (with arts. 1(3), 3)

F10

S. 104(2)(b)(ii) substituted (E.W.) (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 44

F11

Words in s. 104(3) inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 36(3); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

F12

S. 104(4) inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 36(4); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

Modifications

C1

Ss. 103-105: functions made exercisable concurrently (E.) (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 14(4)

C2

Pt. 5: functions made exercisable (E.) (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 14(1)

Extent

E1

This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Notes on Part V

Modifications

C1

Pt. 5 (except ss. 110, 111): transfer of functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

C2

Pt. 5 modified (E.W.) (1.4.2011) by The Concessionary Bus Travel Act 2007 (Variation of Reimbursement and Other Administrative Arrangements) Order 2010 (S.I. 2010/1179), arts. 1(3)(b), 5(1)(a)

C3

Pt. 5: transfer of functions (E.W.) (1.4.2014) by The Halton, Knowsley, Liverpool, St Helens, Sefton and Wirral Combined Authority Order 2014 (S.I. 2014/865), arts. 1, 8(1)(a) (with arts. 8(4), 12)

C4

Pt. 5: transfer of functions (E.W.) (15.4.2014) by The Durham, Gateshead, Newcastle Upon Tyne, North Tyneside, Northumberland, South Tyneside and Sunderland Combined Authority Order 2014 (S.I. 2014/1012), arts. 1, 8, 9 (with art. 11)

C5

Pt. 5: delegation of functions (E.W.) (1.4.2016) by The Tees Valley Combined Authority Order 2016 (S.I. 2016/449), arts. 1(a), 6(a)

C6

Pt. 5: functions made exercisable (E.W.) (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 8

C7

Pt. 5: functions made exercisable (E.W.) (3.3.2017) by The Cambridgeshire and Peterborough Combined Authority Order 2017 (S.I. 2017/251), arts. 1(2)(b), 8(a)

C8

Pt. 5 functions made exercisable (E.W.) (8.5.2017) by The Tees Valley Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/431), arts. 1(2), 4(1)(a)

C9

Pt. 5: transfer of functions (E.W.) (2.11.2018) by The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018 (S.I. 2018/1133), arts. 1, 7 (with art. 28)

C10

Pt. 5 functions made exercisable (E.W.) (2.11.2018) by The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018 (S.I. 2018/1133), arts. 1, 9 (with art. 28)

C11

Pt. 5: functions made exercisable (E.W.) (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 13(1)(2)

C13

Pt. 5: functions made exercisable concurrently (E.W.) (7.5.2024) by The North East Mayoral Combined Authority (Establishment and Functions) Order 2024 (S.I. 2024/402), arts. 1(3), 19(b) (with art. 9)

C14

Pts. 4, 5: functions made exercisable (E.) (5.2.2025) by The Greater Lincolnshire Combined County Authority Regulations 2025 (S.I. 2025/117), regs. 1(2), 13

C15

Pts. 4, 5: functions made exercisable (E.) (5.2.2025) by The Lancashire Combined County Authority Regulations 2025 (S.I. 2025/118), regs. 1(2), 9

C16

Pts. 4, 5: transfer of functions (E.) (5.2.2025) by The Hull and East Yorkshire Combined Authority Order 2025 (S.I. 2025/113), arts. 1(2), 7

C17

Pts. 4, 5: transfer of functions (E.) (5.2.2025) by The Devon and Torbay Combined County Authority Regulations 2025 (S.I. 2025/115), regs. 1(2), 9