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SCHEDULES

SCHEDULE 4E+WFurther amendments: enhanced partnership plans and schemes

Transport Act 2000 (c. 38)E+W

4E+WThe Transport Act 2000 (as amended by the Local Transport Act 2008) is amended as follows.

Commencement Information

I1Sch. 4 para. 4 in force for certain purposes at Royal Assent and 27.6.2017 otherwise, see s. 26(3)

5E+WIn section 153 (competition test: functions and agreements relating to buses), in subsection (1)(a) (applying tests in relation to the exercise of functions relating to quality partnership schemes, etc), after “ticketing schemes” insert “ , enhanced partnership schemes ”.

Commencement Information

I2Sch. 4 para. 5 in force for certain purposes at Royal Assent and 27.6.2017 otherwise, see s. 26(3)

6(1)Section 155 (sanctions relating to Part 2 of the Act) is amended as follows.E+W

(2)In subsection (1)(b), for “or 129(1)(b)” substitute “ , 129(1)(b) or 138J(9) ”.

(3)In subsection (1)(ba), after “134B(7)(c)” insert “ or 138S(7)(c) ”.

(4)After subsection (1ZA) (inserted by Schedule 2) insert—

(1ZB)Where a traffic commissioner is satisfied that—

(a)a person has operated a local service in contravention of section 138J(9) of this Act, and

(b)in operating the local service, the person has failed to take all reasonable precautions and to exercise all due diligence to avoid contravening section 138J(9) of this Act,

the traffic commissioner may make one or more orders under subsection (1A)(a) or (d).

(5)After subsection (1ZC) (inserted by Schedule 2) insert—

(1ZD)Where a traffic commissioner is satisfied that the operator of a local service has failed to take all reasonable steps to comply with a requirement imposed under section 143B the traffic commissioner may make one or more orders under subsection (1A)(a) or (d).

Commencement Information

I3Sch. 4 para. 6 in force for certain purposes at Royal Assent and 27.6.2017 otherwise, see s. 26(3)

7(1)Section 160 (regulations and orders under Part 2) is amended as follows.E+W

(2)In subsection (2), after “regulations under section 123A(4)” (inserted by Schedule 2 to this Act) insert “ , 138F(10), 138G(9) ”.

(3)In subsection (2A) (inserted by Schedule 2 to this Act), after “regulations under section 123A(4)” insert “ , 138F(10), 138G(9) ”.

Commencement Information

I4Sch. 4 para. 7 in force for certain purposes at Royal Assent and 27.6.2017 otherwise, see s. 26(3)

8E+WIn section 162 (interpretation of Part 2 of the Act), in subsection (1), at the appropriate place insert—

“enhanced partnership plan” and “enhanced partnership scheme” have the meaning given by section 138A,.

Commencement Information

I5Sch. 4 para. 8 in force for certain purposes at Royal Assent and 27.6.2017 otherwise, see s. 26(3)

9(1)Schedule 10 (competition test: functions and agreements relating to buses) is amended as follows.E+W

(2)In paragraph 1 (functions to which Part 1 of Schedule 10 applies)—

(a)after sub-paragraph (1)(b) (and before the “and”) insert—

(ba)making and varying enhanced partnership schemes,;

(b)after sub-paragraph (2)(b) (and before the “and”) insert—

(ba)in the case of the function of making or varying an enhanced partnership scheme, once notice of a proposal to make or vary it has been given under section 138F(1) or 138L(1),.

(3)In paragraph 12 (enforcement of decisions of Competition and Markets Authority), in sub-paragraph (2)(b), for “or a ticketing scheme” substitute “ , a ticketing scheme or an enhanced partnership scheme ”.

(4)In paragraph 17 (interpretation of Part 2 of Schedule 10), in sub-paragraph (5)(c), after “scheme” insert “ , an enhanced partnership scheme ”.

Commencement Information

I6Sch. 4 para. 9 in force for certain purposes at Royal Assent and 27.6.2017 otherwise, see s. 26(3)