SCHEDULE 10 Competition test for exercise of bus functions
Applications to F1OFT for decision
3
(1)
An application may be made to F2the Office of Fair Trading (in this Schedule referred to as “the OFT”) for it to decide whether the exercise or proposed exercise of a function to which this Schedule applies meets the competition test.
(2)
An application may be made under this paragraph by—
(a)
the authority or authorities by whom the function has been exercised or is proposed to be exercised, or
(b)
any operator of local services who is, or is likely to be, affected by the exercise of the function.
4
(1)
If an application is made under paragraph 3 by the authority or authorities by whom a function has been exercised or is proposed to be exercised, it or they must inform any operators of local services who, in the opinion of the authority or authorities, are or are likely to be affected by the exercise of the function that the application has been made.
(2)
If an application is made under paragraph 3 by an operator of local services, he must inform the authority or authorities by whom the function has been exercised or is proposed to be exercised that the application has been made. on.
(3)
The F1OFT must arrange for an application made under paragraph 3 to be published in such a way as F3it thinks most suitable for F4bringing the application to the attention of those likely to be affected by it, unless F5the OFT is satisfied that it will be sufficient F6... to seek information from one or more particular persons.
(4)
The F1OFT may at any time decide not to consider, or further consider, an application made under paragraph 3 if —
(a)
(b)
sub-paragraph (1) or (2) has not been complied with.