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(1) | Subject to subsections (2) and (3), this Act extends to England and Wales only. |
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(2) | The following provisions also extend to Scotland— |
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(b) | section 42 and Schedule 3; |
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(c) | sections 48 and 49(1) to (7); |
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(f) | section 63(1) and (2); |
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(o) | the repeals in Part 3 of Schedule 7 relating to sections 22 and 23 of the |
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TA 1985, and section 121 so far as relating to those repeals. |
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(3) | The following provisions also extend to Northern Ireland— |
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(1) | The following provisions of this Act come into force on the day on which this |
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(b) | this Part, other than section 121 and Schedule 7, |
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(c) | any power under or by virtue of this Act to make regulations or an |
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(2) | Sections 50, 51, 115 and 116 come into force at the end of the period of 2 months |
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beginning with the day on which this Act is passed. |
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(3) | Subject to subsection (4), the other provisions of this Act come into force on an |
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(4) | Any repeal in Schedule 7 (and section 121 so far as relating to the repeal) comes |
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into force in the same way as the provisions of this Act to which the repeal |
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(5) | In this section “appointed day” means such day or days as the Secretary of |
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State may by order made by statutory instrument appoint. |
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(6) | The power conferred by subsection (5) is exercisable as respects Wales by the |
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Welsh Ministers (and not the Secretary of State) in relation to— |
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(c) | in Part 4, sections 59, 60(1), 63 to 66 and 70; |
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(d) | in Part 6, the amendments of the TA 2000. |
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(7) | An order under subsection (5)— |
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(a) | may appoint different days for different purposes; |
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(b) | may make incidental, consequential, supplemental or transitional |
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(1) | This Act may be cited as the Local Transport Act 2008. |
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(2) | Nothing in this Act shall impose any charge on the people or on public |
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funds, or vary the amount or incidence of or otherwise alter any such charge |
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in any manner, or affect the assessment, levying, administration or |
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application of any money raised by any such charge. |
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References to local transport plans |
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1 | The TA 2000 is amended as follows. |
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Quality contracts schemes |
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2 (1) | Section 124 is amended as follows. |
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(2) | In subsection (1A)(c) for “local transport plan” substitute “local transport |
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(3) | Omit subsection (10). |
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Joint and through ticketing schemes |
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3 (1) | Section 135 is amended as follows. |
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(2) | In subsection (1) for paragraph (b) substitute— |
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“(b) | would contribute to the implementation of their local |
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Information about bus services |
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4 (1) | Section 139 is amended as follows. |
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(2) | In subsection (1) for “local transport plan” substitute “local transport |
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5 (1) | Section 179 is amended as follows. |
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(2) | In subsection (2) for “policies in the licensing authority’s local transport |
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plan” substitute “local transport policies of the licensing authority”. |
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Joint local licensing schemes |
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6 (1) | Section 180 is amended as follows. |
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(2) | In subsection (2) for “policies in the licensing authorities’ local transport |
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plans” substitute “local transport policies of the licensing authorities”. |
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Joint local-London licensing schemes |
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7 (1) | Section 181 is amended as follows. |
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(2) | In subsection (2)(a)— |
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(a) | for “policies in the local transport plan” substitute “local transport |
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(b) | omit “the local transport plans of”. |
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Financial provisions relating to road user charging and workplace parking levy |
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8 (1) | Schedule 12 is amended as follows. |
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(2) | In paragraph 8 (application of proceeds)— |
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(a) | in sub-paragraph (2)(a) for “policies in the authority’s local transport |
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plan” substitute “local transport policies of the authority”; |
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(b) | in sub-paragraph (4)(a) for “any policies in its local transport plan” |
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substitute “any of its local transport policies”. |
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Competition test: amendments of Schedule 10 to the Transport Act 2000 |
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1 | Schedule 10 to the TA 2000 (competition test for exercise of bus functions) is |
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Test for the exercise of functions by local authorities |
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2 | For the italic heading preceding paragraph 1 substitute— |
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Test for exercise of bus functions by local authorities |
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Functions to which this Part of this Schedule applies”. |
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3 (1) | Paragraph 1 (functions to which Schedule 10 applies) is amended as follows. |
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(2) | In sub-paragraph (1) after “The functions to which” insert “this Part of”. |
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(3) | In sub-paragraph (2)— |
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(a) | after “For the purposes of” insert “this Part of”; |
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(b) | after “a function to which” insert “this Part of”. |
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4 (1) | Paragraph 2 (competition test) is amended as follows. |
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(2) | In sub-paragraph (1)— |
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(a) | after “For the purposes of” insert “this Part of”; |
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(b) | after “a function to which” insert “this Part of”. |
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(3) | In sub-paragraph (3)(b) omit “substantial”. |
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5 | Omit paragraphs 3 and 4. |
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6 | In paragraph 5 (investigation by OFT)— |
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(a) | for “the OFT” substitute “the Office of Fair Trading (in this Schedule |
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referred to as “the OFT”); |
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(b) | after “a function to which” insert “this Part of”. |
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7 | In paragraph 10 (decisions) omit paragraph (a). |
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9 | In paragraph 12(1) (enforcement of decision) after “a function to which” |
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10 | In paragraph 13(1) (restriction on disclosure of information) after “its |
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functions under” insert “this Part of”. |
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11 | In paragraph 14 (offence of disclosing information) after “its functions |
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under” (in both places) insert “this Part of”. |
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12 | After paragraph 14 insert— |
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14A (1) | As soon as is reasonably practicable after the passing of the Local |
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Transport Act 2008, the OFT must prepare and publish advice and |
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(a) | the application of the competition test, |
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(b) | the enforcement of decisions regarding that test. |
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(2) | The OFT may at any time publish revised, or new, advice or |
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(3) | Advice and information published under this paragraph must be |
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(a) | explaining provisions of this Part of this Schedule to |
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persons who are likely to be affected by them, and |
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(b) | indicating how the OFT expects such provisions to |
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(4) | Advice (or information) published by virtue of sub-paragraph |
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(3)(b) may include advice (or information) about the factors which |
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the OFT may take into account in considering whether, and if so |
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how, to exercise a power conferred on it by this Part of this |
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(5) | Any advice or information published by the OFT under this |
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paragraph is to be published in such form and in such manner as |
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it considers appropriate. |
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(6) | If the OFT is preparing any advice or information under this |
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paragraph it must consult such persons as it considers |
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13 | In paragraph 15 (defamation)— |
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(a) | after “or notice given” insert “, and to any advice or information |
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(b) | after “its functions under” insert “this Part of”. |
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14 (1) | Paragraph 16 (fees) is amended as follows. |
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(2) | In sub-paragraph (1) after “its functions under” insert “this Part of”. |
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(3) | Omit sub-paragraph (3). |
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New test for certain agreements, decisions and practices |
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15 | After paragraph 16 insert— |
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Test for certain agreements, decisions and practices |
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17 (1) | This paragraph applies for the purposes of the interpretation of |
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this Part of this Schedule. |
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(2) | A voluntary multilateral agreement (a “VMA”) is a voluntary |
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partnership agreement (within the meaning given by section 153) |
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to which two or more operators of local services are parties. |
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(3) | A voluntary bilateral agreement (a “VBA”) is a voluntary |
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partnership agreement (within the meaning given by that section) |
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to which only one operator of local services is a party. |
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(4) | In this Part of this Schedule— |
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(a) | a “qualifying agreement” is an agreement between bus |
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(b) | a “qualifying decision” is so much of any decision by an |
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association of undertakings as relates to the operation of |
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(c) | a “qualifying practice” is a concerted practice by bus |
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(5) | For the purposes of sub-paragraph (4)— |
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(a) | a bus undertaking is an undertaking which is the operator |
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(b) | the involvement of a local authority which is not a bus |
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undertaking is to be disregarded; |
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(c) | a quality partnership scheme or voluntary partnership |
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agreement is not to be regarded as a qualifying agreement, |
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qualifying decision or qualifying practice. |
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(6) | In sub-paragraph (5)(b) “local authority” means— |
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(a) | a local transport authority; |
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(b) | a district council in England. |
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(7) | A provision of this Part of this Schedule which is expressed to |
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apply to, or in relation to, a qualifying agreement is to be read as |
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applying equally to, or in relation to, a qualifying decision or a |
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qualifying practice (but with any necessary modifications). |
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(8) | A reference to the area of an authority— |
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(a) | in relation to a VMA or VBA, is a reference to the area of a |
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local transport authority who are a party to the agreement; |
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(b) | in relation to a qualifying agreement, is a reference to the |
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area of a local transport authority in whose area the |
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agreement is, or is to be, implemented. |
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(9) | The “bus improvement objectives” are— |
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(a) | securing improvements in the quality of vehicles or |
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facilities used for or in connection with the provision of |
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(b) | securing other improvements in local services of benefit to |
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users of local services, and |
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(c) | reducing or limiting traffic congestion, noise or air |
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Agreements, decisions and practices to which this Part of this Schedule applies |
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18 (1) | This Part of this Schedule applies to— |
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(a) | VMAs or VBAs falling within sub-paragraph (2), and |
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(b) | qualifying agreements falling within sub-paragraph (3). |
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| This paragraph is subject to paragraph 19. |
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(2) | A VMA or VBA falls within this sub-paragraph if it has as its object |
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or effect the prevention, restriction or distortion of competition in |
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the area of the authority, or the combined area of the authorities. |
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(3) | A qualifying agreement falls within this sub-paragraph if— |
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(a) | it has as its object or effect the prevention, restriction or |
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distortion of competition in the area of the authority, or the |
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combined area of the authorities, but |
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(b) | the authority, or any of the authorities, has certified that |
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they have considered all the terms and effects (or likely |
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effects) of the agreement and that in their opinion the |
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requirements mentioned in sub-paragraph (4) are |
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(4) | The requirements are that the agreement— |
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(a) | is in the interests of persons using local services within the |
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area of the authority, or the combined area of the |
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(b) | does not impose on the undertakings concerned |
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restrictions that are not indispensable to the attainment of |
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the bus improvement objectives. |
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(5) | For the purposes of sub-paragraph (2)— |
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(a) | the object or effect of a VMA may be considered either on |
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its own or together with one or more other VMAs, VBAs or |
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(b) | the object or effect of a VBA is to be considered together |
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with one or more VMAs, other VBAs or qualifying |
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(6) | For the purposes of sub-paragraph (3) the object or effect of a |
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qualifying agreement may be considered either on its own or |
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together with one or more VMAs, VBAs or other qualifying |
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19 (1) | This Part of this Schedule does not apply to a VMA, VBA or |
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qualifying agreement if it (or any of its provisions) constitutes a |
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price-fixing agreement within the meaning given by section 39(9) |
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of the Competition Act 1998. |
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