House of Commons portcullis
House of Commons
Session 2007 - 08
Internet Publications
Other Bills before Parliament

Local Transport Bill [HL]


Local Transport Bill [HL]
Part 8 — Supplementary provisions

94

 

123     

Extent

(1)   

Subject to subsections (2) and (3), this Act extends to England and Wales only.

(2)   

The following provisions also extend to Scotland—

(a)   

sections 1 to 6;

(b)   

section 42 and Schedule 3;

5

(c)   

sections 48 and 49(1) to (7);

(d)   

sections 50 and 51;

(e)   

sections 52 to 56;

(f)   

section 63(1) and (2);

(g)   

section 67;

10

(h)   

section 69;

(i)   

section 112;

(j)   

section 115;

(k)   

section 117;

(l)   

section 118;

15

(m)   

sections 119 and 120;

(n)   

sections 122, 124, 125 and this section;

(o)   

the repeals in Part 3 of Schedule 7 relating to sections 22 and 23 of the

TA 1985, and section 121 so far as relating to those repeals.

(3)   

The following provisions also extend to Northern Ireland—

20

(a)   

section 115;

(b)   

sections 119 and 120;

(c)   

sections 122, 124, 125 and this section.

124     

Commencement

(1)   

The following provisions of this Act come into force on the day on which this

25

Act is passed—

(a)   

section 72(10);

(b)   

this Part, other than section 121 and Schedule 7,

(c)   

any power under or by virtue of this Act to make regulations or an

order.

30

(2)   

Sections 50, 51, 115 and 116 come into force at the end of the period of 2 months

beginning with the day on which this Act is passed.

(3)   

Subject to subsection (4), the other provisions of this Act come into force on an

appointed day.

(4)   

Any repeal in Schedule 7 (and section 121 so far as relating to the repeal) comes

35

into force in the same way as the provisions of this Act to which the repeal

relates.

(5)   

In this section “appointed day” means such day or days as the Secretary of

State may by order made by statutory instrument appoint.

(6)   

The power conferred by subsection (5) is exercisable as respects Wales by the

40

Welsh Ministers (and not the Secretary of State) in relation to—

(a)   

Part 2;

(b)   

Part 3;

(c)   

in Part 4, sections 59, 60(1), 63 to 66 and 70;

 
 

Local Transport Bill [HL]
Part 8 — Supplementary provisions

95

 

(d)   

in Part 6, the amendments of the TA 2000.

(7)   

An order under subsection (5)—

(a)   

may appoint different days for different purposes;

(b)   

may make incidental, consequential, supplemental or transitional

provision or savings.

5

125     

Short title

(1)   

This Act may be cited as the Local Transport Act 2008.

(2)   

Nothing in this Act shall impose any charge on the people or on public

funds, or vary the amount or incidence of or otherwise alter any such charge

in any manner, or affect the assessment, levying, administration or

10

application of any money raised by any such charge.

 
 

96

Local Transport Bill [HL]
Schedule 1 — References to local transport plans

 

Schedules

Schedule 1

Section 7

 

References to local transport plans

1          

The TA 2000 is amended as follows.

Quality contracts schemes

5

2     (1)  

Section 124 is amended as follows.

      (2)  

In subsection (1A)(c) for “local transport plan” substitute “local transport

policies”.

      (3)  

Omit subsection (10).

Joint and through ticketing schemes

10

3     (1)  

Section 135 is amended as follows.

      (2)  

In subsection (1) for paragraph (b) substitute—

“(b)   

would contribute to the implementation of their local

transport policies.”.

Information about bus services

15

4     (1)  

Section 139 is amended as follows.

      (2)  

In subsection (1) for “local transport plan” substitute “local transport

policies”.

Local licensing schemes

5     (1)  

Section 179 is amended as follows.

20

      (2)  

In subsection (2) for “policies in the licensing authority’s local transport

plan” substitute “local transport policies of the licensing authority”.

Joint local licensing schemes

6     (1)  

Section 180 is amended as follows.

      (2)  

In subsection (2) for “policies in the licensing authorities’ local transport

25

plans” substitute “local transport policies of the licensing authorities”.

Joint local-London licensing schemes

7     (1)  

Section 181 is amended as follows.

 

 

Local Transport Bill [HL]
Schedule 2 — Competition test: amendments of Schedule 10 to the Transport Act 2000

97

 

      (2)  

In subsection (2)(a)—

(a)   

for “policies in the local transport plan” substitute “local transport

policies”;

(b)   

omit “the local transport plans of”.

Financial provisions relating to road user charging and workplace parking levy

5

8     (1)  

Schedule 12 is amended as follows.

      (2)  

In paragraph 8 (application of proceeds)—

(a)   

in sub-paragraph (2)(a) for “policies in the authority’s local transport

plan” substitute “local transport policies of the authority”;

(b)   

in sub-paragraph (4)(a) for “any policies in its local transport plan”

10

substitute “any of its local transport policies”.

Schedule 2

Section 41

 

Competition test: amendments of Schedule 10 to the Transport Act 2000

1          

Schedule 10 to the TA 2000 (competition test for exercise of bus functions) is

amended as follows.

15

Test for the exercise of functions by local authorities

2          

For the italic heading preceding paragraph 1 substitute—

“Part 1

Test for exercise of bus functions by local authorities

Functions to which this Part of this Schedule applies”.

20

3     (1)  

Paragraph 1 (functions to which Schedule 10 applies) is amended as follows.

      (2)  

In sub-paragraph (1) after “The functions to which” insert “this Part of”.

      (3)  

In sub-paragraph (2)—

(a)   

after “For the purposes of” insert “this Part of”;

(b)   

after “a function to which” insert “this Part of”.

25

4     (1)  

Paragraph 2 (competition test) is amended as follows.

      (2)  

In sub-paragraph (1)—

(a)   

after “For the purposes of” insert “this Part of”;

(b)   

after “a function to which” insert “this Part of”.

      (3)  

In sub-paragraph (3)(b) omit “substantial”.

30

5          

Omit paragraphs 3 and 4.

6          

In paragraph 5 (investigation by OFT)—

(a)   

for “the OFT” substitute “the Office of Fair Trading (in this Schedule

referred to as “the OFT”);

(b)   

after “a function to which” insert “this Part of”.

35

 

 

Local Transport Bill [HL]
Schedule 2 — Competition test: amendments of Schedule 10 to the Transport Act 2000

98

 

7          

In paragraph 10 (decisions) omit paragraph (a).

8          

Omit paragraph 11.

9          

In paragraph 12(1) (enforcement of decision) after “a function to which”

insert “this Part of”.

10         

In paragraph 13(1) (restriction on disclosure of information) after “its

5

functions under” insert “this Part of”.

11         

In paragraph 14 (offence of disclosing information) after “its functions

under” (in both places) insert “this Part of”.

12         

After paragraph 14 insert—

“Advice and information

10

14A   (1)  

As soon as is reasonably practicable after the passing of the Local

Transport Act 2008, the OFT must prepare and publish advice and

information about—

(a)   

the application of the competition test,

(b)   

the enforcement of decisions regarding that test.

15

      (2)  

The OFT may at any time publish revised, or new, advice or

information.

      (3)  

Advice and information published under this paragraph must be

prepared with a view to—

(a)   

explaining provisions of this Part of this Schedule to

20

persons who are likely to be affected by them, and

(b)   

indicating how the OFT expects such provisions to

operate.

      (4)  

Advice (or information) published by virtue of sub-paragraph

(3)(b) may include advice (or information) about the factors which

25

the OFT may take into account in considering whether, and if so

how, to exercise a power conferred on it by this Part of this

Schedule.

      (5)  

Any advice or information published by the OFT under this

paragraph is to be published in such form and in such manner as

30

it considers appropriate.

      (6)  

If the OFT is preparing any advice or information under this

paragraph it must consult such persons as it considers

appropriate.”.

13         

In paragraph 15 (defamation)—

35

(a)   

after “or notice given” insert “, and to any advice or information

given,”;

(b)   

after “its functions under” insert “this Part of”.

14    (1)  

Paragraph 16 (fees) is amended as follows.

      (2)  

In sub-paragraph (1) after “its functions under” insert “this Part of”.

40

      (3)  

Omit sub-paragraph (3).

 

 

Local Transport Bill [HL]
Schedule 2 — Competition test: amendments of Schedule 10 to the Transport Act 2000

99

 

New test for certain agreements, decisions and practices

15         

After paragraph 16 insert—

“Part 2

Test for certain agreements, decisions and practices

Interpretation

5

17    (1)  

This paragraph applies for the purposes of the interpretation of

this Part of this Schedule.

      (2)  

A voluntary multilateral agreement (a “VMA”) is a voluntary

partnership agreement (within the meaning given by section 153)

to which two or more operators of local services are parties.

10

      (3)  

A voluntary bilateral agreement (a “VBA”) is a voluntary

partnership agreement (within the meaning given by that section)

to which only one operator of local services is a party.

      (4)  

In this Part of this Schedule—

(a)   

a “qualifying agreement” is an agreement between bus

15

undertakings only;

(b)   

a “qualifying decision” is so much of any decision by an

association of undertakings as relates to the operation of

local services;

(c)   

a “qualifying practice” is a concerted practice by bus

20

undertakings only.

      (5)  

For the purposes of sub-paragraph (4)—

(a)   

a bus undertaking is an undertaking which is the operator

of a local service;

(b)   

the involvement of a local authority which is not a bus

25

undertaking is to be disregarded;

(c)   

a quality partnership scheme or voluntary partnership

agreement is not to be regarded as a qualifying agreement,

qualifying decision or qualifying practice.

      (6)  

In sub-paragraph (5)(b) “local authority” means—

30

(a)   

a local transport authority;

(b)   

a district council in England.

      (7)  

A provision of this Part of this Schedule which is expressed to

apply to, or in relation to, a qualifying agreement is to be read as

applying equally to, or in relation to, a qualifying decision or a

35

qualifying practice (but with any necessary modifications).

      (8)  

A reference to the area of an authority—

(a)   

in relation to a VMA or VBA, is a reference to the area of a

local transport authority who are a party to the agreement;

(b)   

in relation to a qualifying agreement, is a reference to the

40

area of a local transport authority in whose area the

agreement is, or is to be, implemented.

      (9)  

The “bus improvement objectives” are—

 

 

Local Transport Bill [HL]
Schedule 2 — Competition test: amendments of Schedule 10 to the Transport Act 2000

100

 

(a)   

securing improvements in the quality of vehicles or

facilities used for or in connection with the provision of

local services,

(b)   

securing other improvements in local services of benefit to

users of local services, and

5

(c)   

reducing or limiting traffic congestion, noise or air

pollution.

Agreements, decisions and practices to which this Part of this Schedule applies

18    (1)  

This Part of this Schedule applies to—

(a)   

VMAs or VBAs falling within sub-paragraph (2), and

10

(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.

15

      (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

20

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—

25

(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

30

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;

35

(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

40

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)

45

of the Competition Act 1998.

 

 

 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2008
Revised 1 February 2008