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Local Transport Bill [HL]


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

96

 

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.

 

 

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

101

 

      (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

paragraph (1).

The prohibition

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

Chapter 1 prohibition.

      (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

void.

Exempt agreements

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

improvement objectives,

(b)   

it does not impose on the undertakings concerned

restrictions which are not indispensable to the attainment

of those objectives, and

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

are satisfied.

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).

      (2)  

The provisions are—

(a)   

in Chapter 1, sections 3, 6, 8, 10 and 11 (excluded

agreements and exemptions);

 

 

Local Transport Bill [HL]
Schedule 3 — Detention of certain PSVs used without PSV operators’ licences

102

 

(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

following modifications—

(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

the OFT.

      (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

provide.”.

15

Schedule heading

16         

In consequence of the amendments made by this Schedule, the heading to

Schedule 10 becomes—

“Competition test: functions and agreements relating to buses”.

Schedule 3

20

Section 42

 

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

follows—

“SCHEDULE 2A

Detention of certain PSVs used without PSV operators’ licences

25

Interpretation

1     (1)  

In this Schedule—

“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

paragraph 6(1) below;

“operator”, in relation to a public service vehicle, means—

(a)   

the driver, if he owns the vehicle, or

40

 

 

 
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