|
| |
|
| |
| |
| |
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 |
| |
| |
(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 |
| |
| |
Information about bus services |
| 15 |
4 (1) | Section 139 is amended as follows. |
| |
(2) | In subsection (1) for “local transport plan” substitute “local transport |
| |
| |
| |
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. |
| |
|
| |
|
| |
|
(2) | In subsection (2)(a)— |
| |
(a) | for “policies in the local transport plan” substitute “local transport |
| |
| |
(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”. |
| |
| |
| |
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 |
| |
| 15 |
Test for the exercise of functions by local authorities |
| |
2 | For the italic heading preceding paragraph 1 substitute— |
| |
| |
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 |
|
| |
|
| |
|
7 | In paragraph 10 (decisions) omit paragraph (a). |
| |
| |
9 | In paragraph 12(1) (enforcement of decision) after “a function to which” |
| |
| |
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— |
| |
| 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 |
| |
| |
(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 |
| |
| |
(3) | Advice and information published under this paragraph must be |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
13 | In paragraph 15 (defamation)— |
| 35 |
(a) | after “or notice given” insert “, and to any advice or information |
| |
| |
(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). |
| |
|
| |
|
| |
|
New test for certain agreements, decisions and practices |
| |
15 | After paragraph 16 insert— |
| |
| |
Test for certain agreements, decisions and practices |
| |
| 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 |
| |
(b) | a “qualifying decision” is so much of any decision by an |
| |
association of undertakings as relates to the operation of |
| |
| |
(c) | a “qualifying practice” is a concerted practice by bus |
| 20 |
| |
(5) | For the purposes of sub-paragraph (4)— |
| |
(a) | a bus undertaking is an undertaking which is the operator |
| |
| |
(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— |
| |
|
| |
|
| |
|
(a) | securing improvements in the quality of vehicles or |
| |
facilities used for or in connection with the provision of |
| |
| |
(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 |
| |
| |
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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| 35 |
(b) | the object or effect of a VBA is to be considered together |
| |
with one or more VMAs, other VBAs or qualifying |
| |
| |
(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 |
| |
| |
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. |
| |
|
| |
|
| |
|
(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- |
| 5 |
| |
| |
20 (1) | Any VMA, VBA or qualifying agreement to which this Part of this |
| |
Schedule applies is prohibited unless it is exempt in accordance |
| |
with the provisions of this Part of this Schedule. |
| 10 |
(2) | The prohibition in sub-paragraph (1) applies in place of the |
| |
| |
(3) | The Chapter 1 prohibition is the prohibition imposed by section |
| |
2(1) of the Competition Act 1998. |
| |
Agreements and decisions void |
| 15 |
21 | Any agreement or decision which is prohibited by paragraph 20 is |
| |
| |
| |
22 (1) | A VMA, VBA or qualifying agreement to which this Part of this |
| |
Schedule applies is exempt if— |
| 20 |
(a) | it contributes to the attainment of one or more of the bus |
| |
| |
(b) | it does not impose on the undertakings concerned |
| |
restrictions which are not indispensable to the attainment |
| |
| 25 |
(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 |
| 30 |
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 |
| |
| |
Application of provisions of Competition Act 1998 |
| 35 |
23 (1) | The provisions of Part 1 of the Competition Act 1998 (“the 1998 |
| |
Act”) specified in sub-paragraph (2) apply in relation to the |
| |
prohibition in paragraph 20 (and a VMA, VBA or qualifying |
| |
agreement to which this Part of this Schedule applies) as those |
| |
provisions apply in relation to the Chapter 1 prohibition (and an |
| 40 |
agreement to which the provisions of that Chapter apply). |
| |
| |
(a) | in Chapter 1, sections 3, 6, 8, 10 and 11 (excluded |
| |
agreements and exemptions); |
| |
|
| |
|
| |
|
(b) | Chapter 3 (investigations and enforcement), except |
| |
sections 36 to 39 (penalties); |
| |
(c) | in Chapter 4, sections 46 to 49 (appeals); |
| |
(d) | Chapter 5 (miscellaneous), except section 54 (regulators). |
| |
(3) | The application, by virtue of sub-paragraph (2)(d), of Chapter 5 |
| 5 |
includes section 52(1) of the 1998 Act; but this is subject to the |
| |
| |
(a) | the reference to the passing of the 1998 Act is to be read as |
| |
a reference to the passing of the Local Transport Act 2008; |
| |
(b) | the reference to the Director is to be read as a reference to |
| 10 |
| |
(4) | The application, in accordance with sub-paragraph (1), of the |
| |
provisions mentioned in sub-paragraph (2) is to be subject to such |
| |
further modifications as the Secretary of State may by order |
| |
| 15 |
| |
16 | In consequence of the amendments made by this Schedule, the heading to |
| |
| |
“Competition test: functions and agreements relating to buses”. |
| |
| 20 |
| |
Detention of certain PSVs used without PSV operators’ licences |
| |
| The Schedule that is to be inserted as Schedule 2A to the PPVA 1981 is as |
| |
| |
| |
Detention of certain PSVs used without PSV operators’ licences |
| 25 |
| |
| |
“authorised person” means— |
| |
(a) | an examiner appointed by the Secretary of State under |
| |
section 66A of the Road Traffic Act 1988, or |
| 30 |
(b) | a person acting under the direction of such an examiner; |
| |
“contents”, in relation to a vehicle, means any goods carried by that |
| |
vehicle which are not personal effects; |
| |
“immobilisation device” means any device or appliance which is an |
| |
immobilisation device for the purposes of section 104 of the Road |
| 35 |
Traffic Regulation Act 1984; |
| |
“nominated custodian” is to be construed in accordance with |
| |
| |
“operator”, in relation to a public service vehicle, means— |
| |
(a) | the driver, if he owns the vehicle, or |
| 40 |
|
| |
|