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Section 105 Travel concessions on services provided by local authorities.C2E1C1

England and Wales

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

(1)

Where the council of any county or district in England and Wales or of any F1local government area in Scotland F2, or a combined authority or a combined county authority, are operating any public passenger transport service, they shall have power to provide travel concessions for persons travelling on that service F3in accordance with a scheme established under section 93 of this Act or in accordance with F4section 145A(1) or 145B(1) of the Transport Act 2000.

(2)

In respect of travel concessions provided under this section, any such council F5or authority may, if they think fit, from time to time transfer to the credit of the account of their transport undertaking sums from the general . . . F6 fund or, where that council is the council of any local government area in Scotland, from the general fund (within the meaning of section 93 of the M1Local Government (Scotland) Act 1973).

F7(2A)

In subsection (2) above, the reference to the general fund shall be read, in relation to Wales, as a reference to the council fund.

(3)

Sums so transferred must not exceed the cost to the council F8or authority concerned of providing the concessions or so much of that cost as would not apart from subsection (2) above fall to be met out of the fund there mentioned.

F9(4)

The power under subsection (1) does not apply to a county or district council where—

(a)

the council is a constituent council of a combined authority or a combined county authority (and here “constituent council” has the meaning given by section 104(11) of the Local Democracy, Economic Development and Construction Act 2009 in relation to a combined authority and section 10(11) of the Levelling-Up and Regeneration Act 2023 in relation to a combined county authority), and

(b)

the combined authority or combined county authority has completed its first full financial year.

Annotations

Textual amendments

F1

Words in s. 105(1)(2) substituted (S.) (1.4.1996) by S.I. 1996/974, art. 2(1), Sch. 1 Pt. I para. 7(a)

F2

Words in s. 105(1) inserted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 12 para. 21(a) (with s. 102)

F3

Words in s. 105(1) substituted (E.W.) (1.6.2001 for E. and 1.4.2002 for W.) by 2000 c. 38, s. 161, Sch. 11 para. 19; S.I. 2000/3229, art. 2, Sch. Pt. IV (with arts. 3, 4); S.I. 2001/2788, art. 3, Sch. 2 para. 2

F4

Words in s. 105(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. 5; S.I. 2007/2799, arts. 2, 3 (with art. 4)

F5

Words in s. 105(2) inserted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 12 para. 21(b) (with s. 102)

F6

Word repealed by S.I. 1990/1285, art. 2, Sch. Part I para. 8

F7

S. 105(2A) inserted (1.4.1996) by 1994 c. 19, s. 22(1), Sch. 7 Pt. II para. 39(9) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

F8

Words in s. 105(3) inserted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 12 para. 21(c) (with s. 102)

F9

S. 105(4) inserted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 12 para. 21(d) (with s. 102)

Marginal citations

M1

1973 c. 65.

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