Search Legislation

Local Transport Act 2008

What Version

 Help about what version

Advanced Features

 Help about advanced features

Status:

This version of this schedule contains provisions that are prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Local Transport Act 2008. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to :

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Commencement Orders yet to be applied to the Local Transport Act 2008

 Help about changes and effects
Close

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing provisions within this Act into force:

Commencement Orders bringing legislation that affects this Act into force:

Section 46

SCHEDULE 2E+WCompetition test: amendments of Schedule 10 to the Transport Act 2000

This schedulenoteType=Explanatory Notes has no associated

Prospective

1Schedule 10 to the TA 2000 (competition test for exercise of bus functions) is amended as follows.E+W

Prospective

Test for the exercise of functions by local authoritiesE+W

2For 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 ”.E+W

3(1)Paragraph 1 (functions to which Schedule 10 applies) is amended as follows.E+W

(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 ”.

4(1)Paragraph 2 (competition test) is amended as follows.E+W

(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”.

5Omit paragraphs 3 and 4.E+W

6In paragraph 5 (investigation by OFT)—E+W

(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 ”.

7In paragraph 10 (decisions) omit paragraph (a).E+W

8Omit paragraph 11.E+W

9In paragraph 12(1) (enforcement of decision) after “a function to which” insert “ this Part of ”.E+W

10In paragraph 13(1) (restriction on disclosure of information) after “its functions under” insert “ this Part of ”.E+W

11In paragraph 14 (offence of disclosing information) after “its functions under” (in both places) insert “ this Part of ”.E+W

12After paragraph 14 insert—E+W

Advice and informationE+W

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.

(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 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 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 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..

13In paragraph 15 (defamation)—E+W

(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.E+W

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

(3)Omit sub-paragraph (3).

New test for certain agreements, decisions and practicesE+W

15After paragraph 16 insert—E+W

Part 2 E+WTest for certain agreements, decisions and practices

17Interpretation

(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.

(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 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 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 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—

(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 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 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 local services,

(b)securing other improvements in local services of benefit to users of local services, and

(c)reducing or limiting traffic congestion, noise or air pollution.

18Agreements, decisions and practices to which this Part of this Schedule applies

(1)This Part of this Schedule applies to—

(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.

(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).

20The prohibition

(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.

(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.

21Agreements and decisions void

Any agreement or decision which is prohibited by paragraph 20 is void.

22Exempt agreements

(1)A VMA, VBA or qualifying agreement to which this Part of this Schedule applies is exempt if—

(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

(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 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.

23Application of provisions of Competition Act 1998

(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 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);

(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 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 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..

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I1Sch. 2 para. 15 partly in force; Sch. 2 para. 15 in force at Royal Assent for specified purposes, see s. 134(1)(c)

Prospective

Schedule headingE+W

16In consequence of the amendments made by this Schedule, the heading to Schedule 10 becomes— “ Competition test: functions and agreements relating to buses ”.E+W

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources