SCHEDULES
SCHEDULE 10 Competition test for exercise of bus functions
F1Part 2Test for certain agreements, decisions and practices
Exempt agreements
22
1
A VMA, VBA or qualifying agreement to which this Part of this Schedule applies is exempt if—
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.
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)