Commentary on Sections Power to alter national concession etc Section 9: Variation of reimbursement and other administrative arrangements
27.This section allows the Secretary of State, by order, to centralise reimbursement and/or other administrative functions of English travel concession authorities under sections 145 to 150 of the 2000 Act. The other administrative functions are the issuing of permits and enforcement powers. The section states that the centralisation can be carried out by way of transfer of these functions from non-unitary non-metropolitan district councils to the relevant county councils, or simply by way of transfer of the functions to the Secretary of State. An order under which travel concession authority functions are transferred to the Secretary of State can include consequential provisions which, inter alia, alter the way in which reimbursement appeals are dealt with, for example by setting up a body to hear appeals against the Secretary of State. Currently the Secretary of State hears these appeals. It is intended that any order made under section 9 would be accompanied by the appropriate regulatory impact assessment (‘RIA’) and would be the subject of extensive consultation.
28.In the event that an order under subsection (1)(a) or (2)(a) is made transferring responsibility for reimbursement to the Secretary of State or county councils, the Secretary of State may, under subsection (6), also streamline the administration of discretionary travel concession schemes under section 93 of the 1985 Act. The Secretary of State can do this either by removing from non-unitary or metropolitan district councils their functions in making section 93 schemes; or by providing that they may only make such schemes if they do so jointly with the county council or Passenger Transport Authority for their area. In the latter case, the order may include provisions stipulating that the relevant upper tier authority be responsible for certain functions in running such schemes, so that, for example, a county council might be made responsible for reimbursement functions.