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The Transport Act 2000 (Commencement No. 1 and Transitional Provisions) Order 2000

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Statutory Instruments

2000 No. 3229 (C. 102)

TRANSPORT

The Transport Act 2000 (Commencement No. 1 and Transitional Provisions) Order 2000

Made

7th December 2000

The Secretary of State for the Environment, Transport and the Regions, in exercise of the powers conferred upon him by sections 275(1), (2) and (3) and 276 of the Transport Act 2000(1) hereby makes the following Order:

Citation and interpretation

1.—(1) This Order may be cited as the Transport Act 2000 (Commencement No. 1 and Transitional Provisions) Order 2000.

(2) In this Order “the Act” means the Transport Act 2000.

Provisions coming into force in England

2.—(1) The provisions of the Act specified in Part I of the Schedule to this Order shall come into force on 1st January 2001 as respects England(2).

(2) The provisions of the Act specified in Part II of the Schedule to this Order shall come into force on 1st February 2001 as respects England.

(3) The provisions of the Act specified in Part III of the Schedule to this Order shall come into force on 1st April 2001.

(4) The provisions of the Act specified in Part IV of the Schedule to this Order shall come into force on 1st June 2001 as respects England.

Transitional provisions about concessionary travel outside Greater London

3.—(1) A document (in this article referred to as a “current permit”) which—

(a)is a document issued by a travel concession authority pursuant to a travel concession scheme made by that authority under section 93 of the Transport Act 1985(3) for the purpose of providing evidence that a person is eligible to receive travel concessions under that scheme,

(b)has been issued before 1st June 2001, and

(c)is held on 1st June 2001 by a person who is an elderly or disabled person,

shall, subject as provided in paragraph (2) below, be treated for the purposes of section 145 of the Act as a statutory travel concession permit.

(2) A current permit shall cease to be treated as a statutory travel concession permit from the date upon which—

(a)it ceases to be valid for the purposes of the scheme made by the authority under section 93 of the Transport Act 1985, or

(b)the authority issues a statutory travel concession permit to that elderly or disabled person upon an application made under section 145(2) of the Act.

whichever date first occurs.

(3) Notwithstanding that a current permit is treated by virtue of this article as a statutory travel concession permit, section 145(2) of the Act shall not be construed so as to require the authority which issued it to refund any payment, or any part of a payment, made in respect of the issue of the permit.

Transitional provisions about concessionary travel in Greater London

4.  For the purposes of the determination to be made by Transport for London under section 241(1) of the Greater London Authority Act 1999 immediately before 1st January 2001, the requirements of sections 242 and 243 of that Act referred to in paragraphs (a) and (b) of section 241(1) are the requirements imposed by those enactments as amended by section 151 of the Act.

Signed by authority of the Secretary of State for the Environment, Transport and the Regions

Keith Hill

Parliamentary Under-Secretary of State

Department of the Environment, Transport and the Regions

7th December 2000

Article 2

SCHEDULE

PART IPROVISIONS COMING INTO FORCE ON 1st JANUARY 2001

  • Sections 145(1) to (3) and 149(1) and (2), for the purposes of section 150;

  • In section 146—

    • the definition of “ “travel concession authority”, and

    • the remainder thereof, for the purposes of section 150;

  • Section 149(3);

  • Section 150; and

  • In section 162—

    • in subsection (1), the definition of “travel concession authority”,

    • subsection (3), in so far as it relates to the meaning of “local service”, and

    • subsection (5).

PART IIPROVISIONS COMING INTO FORCE ON 1st FEBRUARY 2001

  • Section 145(1) to (3) and (6), for the purposes of section 145(4), (5), (7) and (8);

  • Section 145(4), (5), (7) and (8);

  • In section 146, the definition of “disabled person”; and

  • In section 162(1), the definition of “disabled person”.

PART IIIPROVISIONS COMING INTO FORCE ON 1st APRIL 2001

  • Section 151;

  • Section 161, in so far as it relates to the provision of Schedule 11 specified below;

  • Schedule 11, paragraph 23;

  • Section 274, in so far as it relates to the provisions of Schedule 31 specified below;

  • The entries in Part II of Schedule 31 relating to the Greater London Authority Act 1999(4).

PART IVPROVISIONS COMING INTO FORCE ON 1st JUNE 2001

  • Sections 145(1) to (3) and (6), 146 and 149(1) and (2), in so far as they are not already in force;

  • Sections 147 and 148;

  • Section 161, in so far as it relates to the provisions of Schedule 11 specified below;

  • Schedule 11, paragraphs 15 to 19;

  • In section 162(1)—

    • in subsection (1), the definitions of “elderly person”, “eligible service”, “half-price travel concession” and “relevant time”,

    • subsection (2), in so far as it relates to the meaning of “fares”,

    • subsection (3), in so far as it relates to the meaning of “public passenger transport services”;

  • Section 274, in so far as it relates to the provisions of Schedule 31 specified below;

  • The entries in Schedule 31 relating to S.I. 1986/1385 and S.I. 1989/2293(5).

Explanatory Note

(This note is not part of the Order)

This Order brings into force sections 145 to 151 of the Transport Act 2000 together with certain other provisions for purposes connected with the coming into force of those sections.

Sections 145 to 150 confer on pensioners and specified disabled persons resident in the area of a “travel concession authority” entitlement to a half-fare concession on journeys on local bus services within that area. Entitlement is conditional upon production of a travel permit which must be issued free of charge by the local authority. The enactments make provision as to reimbursement of local bus service operators by the local authority. These provisions are brought into force so far as is necessary to enable travel concession authorities to publish proposals for reimbursement of operators, on 1st January 2001, for other preliminary purposes on 1st February 2001 and for all other purposes on 1st June 2001. This provision of the Order has effect for England outside Greater London only.

Section 151 makes similar provision in relation to persons resident in Greater London. It amends the Greater London Authority Act 1999 to provide that London local authorities must make arrangements for the grant of the half-fare concession on journeys on the London bus network if the reserve free travel scheme is not to be brought into effect. These provisions are brought into force on 1st April 2001.

The Order also contains transitional provisions (in Articles 3 and 4).

(2)

As to the exercise of the power to bring sections 145 to 150 into force as respects Wales see section 275(2) and 276(2) of the Act.

(5)

These are Transport Act 1985 (Extension of Eligibility for Travel Concessions) Orders.

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