Textual Amendments
F1Sch. 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)
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).]