SCHEDULES

SCHEDULE 10 E+W Competition test for exercise of bus functions

[F1 Part 1 E+WTest for exercise of bus functions by local authorities]

Textual Amendments

F1 Sch. 10 Pt. 1 heading substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 2 para. 2; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(d)

Investigations by [F2 CMA] E+W

Textual Amendments

F2 Word in Sch. 10 para. 5 cross-heading substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 96(2); S.I. 2014/416, art. 2(1)(d) (with Sch.)

6 (1) For the purposes of an investigation under paragraph 5 the [F3 CMA] may require any person— E+W

(a) to produce to [F4 it] or to a person appointed by [F4 it], at a specified time and place, any specified document, or

(b) to provide [F4 it] or such a person, at such a time and place, any specified information,

which [F3 CMA] considers relates to any matter relevant to the investigation.

(2) The power conferred by sub-paragraph (1) is to be exercised by a notice in writing indicating the subject matter and purpose of the investigation; and in this paragraph “specified” means—

(a) specified, or described, in the notice, or

(b) falling within a category which is specified, or described, in the notice.

(3) Information required to be provided under sub-paragraph (1) shall be provided in the specified manner and form.

(4) The power conferred by sub-paragraph (1) to require a person to produce a document includes power—

(a) to require him to provide an explanation of the document, or

(b) if the document is not produced, to require him to state, to the best of his knowledge and belief, where it is.

(5) In this paragraph “information” includes estimates and forecasts.

Textual Amendments

F3 Word in Sch. 10 para. 6 substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 96(4); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F4 Words in Sch. 10 para. 6(1) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 44(12)(f); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

Commencement Information

I1 Sch. 10 para. 6 wholly in force at 1.8.2001; Sch. 10 para. 6 not in force at Royal Assent see s. 275(1); Sch. 10 para. 6 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 10 para. 6 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 8