Transport Act 2000

Section 153.

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

[F1 Part 1 E+W Test 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)

Functions to which this Part of this Schedule applies] E+W

1 (1) The functions to which [F2 this Part of] this Schedule applies are those of— E+W

(a) making and varying quality partnership schemes,

(b) making and varying ticketing schemes, and

(c) inviting and accepting tenders under section 89 or 91 of the M1 Transport Act 1985 (subsidised services).

(2) For the purposes of [F3 this Part of] this Schedule an authority proposes (or authorities propose) to exercise a function to which [F4 this Part of] this Schedule applies—

(a) in the case of the function of making or varying a quality partnership scheme, once notice of a proposal to make or vary it has been given under section 115(1),

(b) in the case of the function of making or varying a ticketing scheme, once notice of a proposal to make or vary it has been given under section 136(1), and

(c) in the case of the function of inviting or accepting tenders under section 89 or 91 of the M2 Transport Act 1985, once it is proposed to invite tenders under section 89(2) or 91(3) of that Act or to accept or not to accept a tender under section 89 of that Act.

Textual Amendments

F2 Words in Sch. 10 para. 1(1) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 2 para. 3(2); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(d)

F3 Words in Sch. 10 para. 1(2) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 2 para. 3(3)(a); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(d)

F4 Words in Sch. 10 para. 1(2) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 2 para. 3(3)(b); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(d)

Commencement Information

I1 Sch. 10 para. 1 partly in force; Sch. 10 para. 1 not in force at Royal Assent see s. 275(1); Sch. 10 para. 1(1)(b)(c)(2)(b)(c) 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. 1(1)(b)(c)(2)(b)(c) in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 8

Marginal Citations

M1 1985 c. 67.

M2 1985 c. 67.

Competition test E+W

2 (1) For the purposes of [F5 this Part of] this Schedule the exercise or proposed exercise of a function to which [F6 this Part of] this Schedule applies meets the competition test unless it— E+W

(a) has or is likely to have a significantly adverse effect on competition, and

(b) is not justified by sub-paragraph (2).

(2) The exercise or proposed exercise of a function is justified if—

(a) it is with a view to achieving one or more of the purposes specified in sub-paragraph (3), and

(b) its effect on competition is or is likely to be proportionate to the achievement of that purpose or any of those purposes.

(3) The purposes referred to in sub-paragraph (2) are—

(a) securing improvements in the quality of vehicles or facilities used for or in connection with the provision of local services,

(b) securing other improvements in local services of F7 ... benefit to users of local services, and

(c) reducing or limiting traffic congestion, noise or air pollution.

Textual Amendments

F5 Words in Sch. 10 para. 2(1) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 2 para. 4(2)(a); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(d)

F6 Words in Sch. 10 para. 2(1) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 2 para. 4(2)(b); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(d)

F7 Word in Sch. 10 para. 2(3)(b) repealed (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 2 para. 4(3), Sch. 7 Pt. 2; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(d)

Commencement Information

I2 Sch. 10 para. 2 wholly in force at 1.8.2001; Sch. 10 para. 2 not in force at Royal Assent see s. 275(1); Sch. 10 para. 2 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. 2 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 8

Applications to [F8 OFT] for decision E+W

Textual Amendments

F8 Word in Sch. 10 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 44(12)(a); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F9 3 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9 Sch. 10 para. 3 repealed (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 2 para. 5, Sch. 7 Pt. 2; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(d)

Commencement Information

I3 Sch. 10 para. 3 wholly in force at 1.8.2001; Sch. 10 para. 3 not in force at Royal Assent see s. 275(1); Sch. 10 para. 3 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. 3 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 8

F10 4 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10 Sch. 10 para. 4 repealed (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 2 para. 5, Sch. 7 Pt. 2; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(d)

Commencement Information

I4 Sch. 10 para. 4 wholly in force at 1.8.2001; Sch. 10 para. 4 not in force at Royal Assent see s. 275(1); Sch. 10 para. 4 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. 4 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 8

Investigations by [F11 CMA] E+W

Textual Amendments

F11 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.)

5 E+W If at any time [F12 the [F13 Competition and Markets Authority] (in this Schedule referred to as “the [F14 CMA]”)] considers that the exercise or proposed exercise of a function to which [F15 this Part of] this Schedule applies may not meet the competition test, [F16 it] may conduct an investigation.

Textual Amendments

F12 Words in Sch. 10 para. 5 substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 2 para. 6(a); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(d)

F13 Words in Sch. 10 para. 5 substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 96(3)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F14 Word in Sch. 10 para. 5 substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 96(3)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F15 Words in Sch. 10 para. 5 inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 2 para. 6(b); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(d)

F16 Word in Sch. 10 para. 5 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 44(12)(e); 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

I5 Sch. 10 para. 5 wholly in force at 1.8.2001; Sch. 10 para. 5 not in force at Royal Assent see s. 275(1); Sch. 10 para. 5 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. 5 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 8

6 (1) For the purposes of an investigation under paragraph 5 the [F17 CMA] may require any person— E+W

(a) to produce to [F18 it] or to a person appointed by [F18 it], at a specified time and place, any specified document, or

(b) to provide [F18 it] or such a person, at such a time and place, any specified information,

which [F17 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

F17 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.)

F18 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

I6 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

7 (1) If a person refuses or fails to comply with a notice under paragraph 6, the [F19 CMA] may certify that fact in writing to the High Court which may enquire into the case. E+W

(2) If after hearing—

(a) any witness who may be produced against or on behalf of the person, and

(b) any statement which may be offered in defence,

the High Court is satisfied that the person did not have a reasonable excuse for refusing or failing to comply with the notice, the High Court may punish him as if he had been guilty of contempt of court.

Textual Amendments

F19 Word in Sch. 10 para. 7 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.)

Commencement Information

I7 Sch. 10 para. 7 wholly in force at 1.8.2001; Sch. 10 para. 7 not in force at Royal Assent see s. 275(1); Sch. 10 para. 7 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. 7 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 8

8 (1) A person shall not be required under paragraph 6 to produce or disclose a privileged communication. E+W

(2) In sub-paragraph (1) “privileged communication” means a communication—

(a) between a professional legal adviser and his client, or

(b) made in connection with, or in contemplation of, legal proceedings and for the purposes of those proceedings,

which in proceedings in the High Court would be protected from disclosure on grounds of legal professional privilege.

Commencement Information

I8 Sch. 10 para. 8 wholly in force at 1.8.2001; Sch. 10 para. 8 not in force at Royal Assent see s. 275(1); Sch. 10 para. 8 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. 8 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 8

9 E+W Before the [F20 CMA], as the result of an investigation under paragraph 5, makes a decision that the exercise or proposed exercise of a function does not meet the competition test, [F21 the [F20 CMA]] must—

(a) give written notice to the person or persons likely to be affected by the proposed decision, and

(b) give that person or those persons an opportunity to make representations.

Textual Amendments

F20 Word in Sch. 10 para. 9 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.)

F21 Words in Sch. 10 para. 9 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 44(12)(g); 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

I9 Sch. 10 para. 9 wholly in force at 1.8.2001; Sch. 10 para. 9 not in force at Royal Assent see s. 275(1); Sch. 10 para. 9 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. 9 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 8

Decisions E+W

10 E+W When the [F22 CMA] makes a decision—

F23 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) after an investigation under paragraph 5,

[F24 the [F22 CMA]] must publish [F24 its] decision, together with [F24 its] reasons for making it.

Textual Amendments

F22 Word in Sch. 10 para. 10 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.)

F23 Sch. 10 para. 10(a) repealed (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 2 para. 7, Sch. 7 Pt. 2; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(d)

F24 Words in Sch. 10 para. 10 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 44(12)(h); 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

I10 Sch. 10 para. 10 wholly in force at 1.8.2001; Sch. 10 para. 10 not in force at Royal Assent see s. 275(1); Sch. 10 para. 10 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. 10 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 8

F25 11 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F25 Sch. 10 para. 11 repealed (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 2 para. 8, Sch. 7 Pt. 2; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(d)

Commencement Information

I11 Sch. 10 para. 11 wholly in force at 1.8.2001; Sch. 10 para. 11 not in force at Royal Assent see s. 275(1); Sch. 10 para. 11 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. 11 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 8

Enforcement of decisions E+W

12 (1) If the [F26 CMA] has made a decision that the exercise or proposed exercise of a function to which [F27 this Part of] this Schedule applies does not meet the competition test, [F28 the [F26 CMA]] may give to the authority or authorities by which it was or was to be exercised such directions as [F28 the [F26 CMA] considers appropriate. E+W

(2) A direction under sub-paragraph (1) may (in particular)—

(a) in the case of a proposal to exercise a function, include provision prohibiting the exercise of the function in the manner proposed,

(b) in the case of the exercise of the function of making or varying a quality partnership scheme or a ticketing scheme, include provision requiring the variation or revocation of the scheme,

(c) in the case of the exercise of the function of inviting tenders under section 89(2) or 91(3) of the M3 Transport Act 1985, include provision requiring the variation or withdrawal of the invitation, and

(d) in the case of the exercise of the function of accepting or not accepting a tender under section 89 or 91 of that Act, include provision requiring the variation or termination of any agreement entered into by accepting the tender or requiring the acceptance of any tender.

(3) A direction under sub-paragraph (1) must be given in writing.

(4) If an authority fails, without reasonable excuse, to comply with a direction under sub-paragraph (1), the [F26 CMA] may apply to the High Court for an order requiring the authority to comply with the direction within a time specified in the order.

(5) An order under sub-paragraph (4) may provide for all of the costs of, or incidental to, the application for the order to be borne by the authority.

Textual Amendments

F26 Word in Sch. 10 paras. 12-14 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.)

F27 Words in Sch. 10 para. 12(1) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 2 para. 9; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(d)

F28 Words in Sch. 10 para. 12(1) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 44(12)(j); 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

I12 Sch. 10 para. 12 partly in force; Sch. 10 para. 12 not in force at Royal Assent see s. 275(1); Sch. 10 para. 12 in force (E.)(except the words “a quality partnership scheme or” in para. 12(2))(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. 12 in force (W.)(except the words “a quality partnership scheme or” in para. 12(2)) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 8

Marginal Citations

M3 1985 c. 67.

Information E+W

13 (1) No information which— E+W

(a) has been obtained by the [F26 CMA] in connection with [F29 its] functions under [F30 this Part of] this Schedule, and

(b) relates to the affairs of any individual or to any particular business,

is to be disclosed during the lifetime of that individual or while that business continues to be carried on, unless the condition mentioned in sub-paragraph (2) is satisfied.

(2) The condition is that consent to the disclosure has been obtained from—

(a) the person from whom the information was obtained, and

(b) if different, the individual to whose affairs the information relates or the person for the time being carrying on the business to which the information relates.

(3) Sub-paragraph (1) does not apply to a disclosure of information—

(a) made for the purpose of facilitating the performance of any function of the [F26 CMA], a traffic commissioner or [F31 the Office of Rail and Road],

(b) made for the purpose of facilitating the performance of any function of the European Commission in respect of [F32 EU] law about competition,

(c) made for the purpose of criminal proceedings in any part of the United Kingdom or in connection with the investigation of a criminal offence triable in any part of the United Kingdom, or

(d) made in compliance with the order of a court or tribunal.

(4) If information is disclosed to the public in circumstances in which the disclosure does not contravene sub-paragraph (1), that sub-paragraph does not prevent its further disclosure by any person.

(5) A person who contravenes this paragraph is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Textual Amendments

F26 Word in Sch. 10 paras. 12-14 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.)

F29 Word in Sch. 10 paras. 13-15 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 44(12)(k); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F30 Words in Sch. 10 para. 13(1) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 2 para. 10; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(d)

F31 Words in Sch. 10 para. 13(3)(a) substituted (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 4(p)(iv)

F32 Words in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3, 6 (with arts. 3(2)(3), 4(2), 6(4)(5))

Modifications etc. (not altering text)

C1 Sch. 10 para. 13(3): Disclosure powers extended (14.12.2001) by 2001 c. 24, ss. 17, 127(2)(a), Sch. 4 Pt. I para. 53(2)

Commencement Information

I13 Sch. 10 para. 13 wholly in force at 1.8.2001; Sch. 10 para. 13 not in force at Royal Assent see s. 275(1); Sch. 10 para. 13 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. 13 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 8

14 (1) If information is provided by a person to the [F26 CMA] in connection with [F29 its] functions under [F33 this Part of] this Schedule, the person is guilty of an offence if— E+W

(a) the information is false or misleading in a material particular, and

(b) the person knows that it is or is reckless as to whether it is.

(2) If a person—

(a) provides any information to another person, knowing the information to be false or misleading in a material particular, or

(b) recklessly provides to another person any information which is false or misleading in a material particular,

knowing that the information is to be used for the purpose of providing information to the [F26 CMA] in connection with [F29 its] functions under [F33 this Part of] this Schedule, the person is guilty of an offence.

(3) A person guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Textual Amendments

F26 Word in Sch. 10 paras. 12-14 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.)

F29 Word in Sch. 10 paras. 13-15 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 44(12)(k); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F33 Words in Sch. 10 para. 14 inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 2 para. 11; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(d)

Commencement Information

I14 Sch. 10 para. 14 wholly in force at 1.8.2001; Sch. 10 para. 14 not in force at Royal Assent see s. 275(1); Sch. 10 para. 14 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. 14 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 8

[F34 Advice and information E+W

Textual Amendments

F34 Sch. 10 para. 14A and cross-heading inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 2 para. 12; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(d)

14A (1) As soon as is reasonably practicable after the passing of the Local Transport Act 2008, the OFT must prepare and publish advice and information about— E+W

(a) the application of the competition test,

(b) the enforcement of decisions regarding that test.

(2) The [F35 CMA] may at any time publish revised, or new, advice or information.

(3) Advice and information published under this paragraph must be prepared with a view to—

(a) explaining provisions of this Part of this Schedule to persons who are likely to be affected by them, and

(b) indicating how the [F35 CMA] expects such provisions to operate.

(4) Advice (or information) published by virtue of sub-paragraph (3)(b) may include advice (or information) about the factors which the [F35 CMA] may take into account in considering whether, and if so how, to exercise a power conferred on it by this Part of this Schedule.

(5) Any advice or information published by the [F35 CMA] under this paragraph is to be published in such form and in such manner as it considers appropriate.

(6) If the [F35 CMA] is preparing any advice or information under this paragraph it must consult such persons as it considers appropriate.]

Textual Amendments

F35 Words in Sch. 10 paras. 14A(2)-(6) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 96(5); S.I. 2014/416, art. 2(1)(d) (with Sch.)

Defamation E+W

15 E+W For the purposes of the law relating to defamation, absolute privilege attaches to any decision made or notice given [F36 , and to any advice or information given,] by the [F37 CMA] in the exercise of any of [F29 its] functions under [F38 this Part of] this Schedule.

Textual Amendments

F29 Word in Sch. 10 paras. 13-15 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 44(12)(k); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F36 Words in Sch. 10 para. 15 inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 2 para. 13(a); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(d)

F37 Word in Sch. 10 para. 15 substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 96(6); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F38 Words in Sch. 10 para. 15 inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 2 para. 13(b); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(d)

Commencement Information

I15 Sch. 10 para. 15 wholly in force at 1.8.2001; Sch. 10 para. 15 not in force at Royal Assent see s. 275(1); Sch. 10 para. 15 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. 15 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 8

Fees E+W

16 (1) The [F39 CMA] may charge fees in connection with the exercise by [F40 the [F39 CMA]] of any of [F40 its] functions under [F41 this Part of] this Schedule. E+W

(2) Different fees may be charged in connection with different functions and in different circumstances.

F42 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F39 Word in Sch. 10 para. 16 substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 96(6); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F40 Words in Sch. 10 para. 16 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 44(12)(l); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F41 Words in Sch. 10 para. 16(1) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 2 para. 14(2); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(d)

F42 Sch. 10 para. 16(3) repealed (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 2 para. 14(3), Sch. 7 Pt. 2; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(d)

Commencement Information

I16 Sch. 10 para. 16 wholly in force at 1.8.2001; Sch. 10 para. 16 not in force at Royal Assent see s. 275(1); Sch. 10 para. 16 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. 16 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 8

[F43 Part 2 E+W Test for certain agreements, decisions and practices

Textual Amendments

F43 Sch. 10 Pt. 2 inserted (26.11.2008 for specified purposes, 9.2.2009 for E. in so far as not already in force, 1.4.2009 for W. in so far as not already in force) by Local Transport Act 2008 (c. 26), s. 134(1)(c)(4), Sch. 2 para. 15; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(d)

Interpretation E+W

17 (1) This paragraph applies for the purposes of the interpretation of this Part of this Schedule. E+W

(2) A voluntary multilateral agreement (a “VMA”) is a voluntary partnership agreement (within the meaning given by section 153) to which two or more operators of local services are parties.

(3) A voluntary bilateral agreement (a “VBA”) is a voluntary partnership agreement (within the meaning given by that section) to which only one operator of local services is a party.

(4) In this Part of this Schedule—

(a) a “qualifying agreement” is an agreement between bus undertakings only;

(b) a “qualifying decision” is so much of any decision by an association of undertakings as relates to the operation of local services;

(c) a “qualifying practice” is a concerted practice by bus undertakings only.

(5) For the purposes of sub-paragraph (4)—

(a) a bus undertaking is an undertaking which is the operator of a local service;

(b) the involvement of a local authority which is not a bus undertaking is to be disregarded;

(c) a quality partnership scheme or voluntary partnership agreement is not to be regarded as a qualifying agreement, qualifying decision or qualifying practice.

(6) In sub-paragraph (5)(b) “local authority” means—

(a) a local transport authority;

(b) a district council in England.

(7) A provision of this Part of this Schedule which is expressed to apply to, or in relation to, a qualifying agreement is to be read as applying equally to, or in relation to, a qualifying decision or a qualifying practice (but with any necessary modifications).

(8) A reference to the area of an authority—

(a) in relation to a VMA or VBA, is a reference to the area of a local transport authority who are a party to the agreement;

(b) in relation to a qualifying agreement, is a reference to the area of a local transport authority in whose area the agreement is, or is to be, implemented.

(9) The “bus improvement objectives” are—

(a) securing improvements in the quality of vehicles or facilities used for or in connection with the provision of local services,

(b) securing other improvements in local services of benefit to users of local services, and

(c) reducing or limiting traffic congestion, noise or air pollution.

Agreements, decisions and practices to which this Part of this Schedule applies E+W

18 (1) This Part of this Schedule applies to— E+W

(a) VMAs or VBAs falling within sub-paragraph (2), and

(b) qualifying agreements falling within sub-paragraph (3).

This paragraph is subject to paragraph 19.

(2) A VMA or VBA falls within this sub-paragraph if it has as its object or effect the prevention, restriction or distortion of competition in the area of the authority, or the combined area of the authorities.

(3) A qualifying agreement falls within this sub-paragraph if—

(a) it has as its object or effect the prevention, restriction or distortion of competition in the area of the authority, or the combined area of the authorities, but

(b) the authority, or any of the authorities, has certified that they have considered all the terms and effects (or likely effects) of the agreement and that in their opinion the requirements mentioned in sub-paragraph (4) are satisfied.

(4) The requirements are that the agreement—

(a) is in the interests of persons using local services within the area of the authority, or the combined area of the authorities, and

(b) does not impose on the undertakings concerned restrictions that are not indispensable to the attainment of the bus improvement objectives.

(5) For the purposes of sub-paragraph (2)—

(a) the object or effect of a VMA may be considered either on its own or together with one or more other VMAs, VBAs or qualifying agreements;

(b) the object or effect of a VBA is to be considered together with one or more VMAs, other VBAs or qualifying agreements.

(6) For the purposes of sub-paragraph (3) the object or effect of a qualifying agreement may be considered either on its own or together with one or more VMAs, VBAs or other qualifying agreements.

19 (1) This Part of this Schedule does not apply to a VMA, VBA or qualifying agreement if it (or any of its provisions) constitutes a price-fixing agreement within the meaning given by section 39(9) of the Competition Act 1998. E+W

(2) Where the standard of services specified in a VMA or VBA includes any requirement as to maximum fares (see section 153(3)), any provision of that agreement relating to the setting, review or revision of the maximum fare is not to be regarded as constituting a price-fixing agreement for the purposes of sub-paragraph (1).

The prohibition E+W

20 (1) Any VMA, VBA or qualifying agreement to which this Part of this Schedule applies is prohibited unless it is exempt in accordance with the provisions of this Part of this Schedule. E+W

(2) The prohibition in sub-paragraph (1) applies in place of the Chapter 1 prohibition.

(3) The Chapter 1 prohibition is the prohibition imposed by section 2(1) of the Competition Act 1998.

Agreements and decisions void E+W

21 E+W Any agreement or decision which is prohibited by paragraph 20 is void.

Exempt agreements E+W

22 (1) A VMA, VBA or qualifying agreement to which this Part of this Schedule applies is exempt if— E+W

(a) it contributes to the attainment of one or more of the bus improvement objectives,

(b) it does not impose on the undertakings concerned restrictions which are not indispensable to the attainment of those objectives, and

(c) it does not afford the undertakings concerned the possibility of eliminating competition in respect of a substantial part of the services in question.

(2) In any proceedings in which it is alleged that the prohibition in paragraph 20 is being or has been infringed by a VMA, VBA or qualifying agreement any undertaking or association of undertakings claiming the benefit of sub-paragraph (1) shall bear the burden of proving that the conditions of that sub-paragraph are satisfied.

Application of provisions of Competition Act 1998 E+W

23 (1) The provisions of Part 1 of the Competition Act 1998 (“the 1998 Act”) specified in sub-paragraph (2) apply in relation to the prohibition in paragraph 20 (and a VMA, VBA or qualifying agreement to which this Part of this Schedule applies) as those provisions apply in relation to the Chapter 1 prohibition (and an agreement to which the provisions of that Chapter apply). E+W

(2) The provisions are—

(a) in Chapter 1, sections 3, 6, 8, 10 and 11 (excluded agreements and exemptions);

(b) Chapter 3 (investigations and enforcement), except sections 36 to 39 (penalties);

(c) in Chapter 4, sections 46 to 49 (appeals);

(d) Chapter 5 (miscellaneous), except section 54 (regulators).

(3) The application, by virtue of sub-paragraph (2)(d), of Chapter 5 includes section 52(1) of the 1998 Act; but this is subject to the following modifications—

(a) the reference to the passing of the 1998 Act is to be read as a reference to the passing of the Local Transport Act 2008;

(b) the reference to the Director is to be read as a reference to the OFT.

(4) The application, in accordance with sub-paragraph (1), of the provisions mentioned in sub-paragraph (2) is to be subject to such further modifications as the Secretary of State may by order provide.]]