Commentary on Sections Schedule 2: Minor and consequential amendments
36.Paragraph 2 extends the deadline for bus operators to appeal against notices given by English authorities requiring them to participate in discretionary travel concession schemes under section 93 of the 1985 Act. New section 98(4A) is inserted into the 1985 Act and extends the deadline for such appeals from 28 days from the date of the participation notice to 56 days from the date the obligation to participate commences (or, in the case of a new service that has not yet begun, from the date that the obligation would have commenced had the service begun). The principle is maintained that local authorities can request a specific period of notice if an operator intends to appeal - this should be at least seven days, but the Secretary of State is given the power to prescribe a different number of days in regulations. The changes help to align provision for appeals under the 1985 Act with the amended provisions for appeals in respect of the national concession under the 2000 Act (see paragraph 22 above).
37.Paragraphs 3, 4 and 5 make changes to the 1985 Act to ensure that there are no unintended substantive changes to the law as a result of the replacement of section 145(1) of the 2000 Act by sections 145A(1) and 145B(1). Paragraph 11 inserts in the 2000 Act the new section 145B, which restates the mandatory concession in Wales. Paragraph 13 ensures that the section 147 powers held by the Welsh Ministers to vary the concession refer to the new section 145B.