12(1)If the [F1CMA] has made a decision that the exercise or proposed exercise of a function to which [F2this Part of] this Schedule applies does not meet the competition test, [F3the [F1CMA]] may give to the authority or authorities by which it was or was to be exercised such directions as [F3the [F1CMA]] 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 [F4an advanced quality partnership scheme,] a quality partnership scheme [F5, an advanced ticketing scheme] [F6, a ticketing scheme or an enhanced partnership 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 M1Transport 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 [F1CMA] 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
F1Word 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.)
F2Words 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)
F3Words 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.)
F4Words in Sch. 10 para. 12(2)(b) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 1 para. 11(3)
F5Words in Sch. 10 para. 12(2)(b) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 3 para. 8(3)
F6Words in Sch. 10 para. 12(2)(b) substituted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 4 para. 9(3)
Commencement Information
I1Sch. 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