The Transport (Scotland) Act 2019 (Consequential Provisions and Modifications) Order 2023

Enforcement of decisions

11.—(1) If the CMA has made a decision that the exercise or proposed exercise of a relevant function does not meet the competition test, the CMA may give to the local transport authority(1) or authorities by which it was or was to be exercised such directions as the CMA considers appropriate.

(2) A direction under paragraph (1) may (in particular)—

(a) in the case of a proposed exercise of a relevant function, include provision prohibiting the exercise of the function in the manner proposed,

(b) in the case of the exercise of a relevant function, include provision requiring the variation or revocation of the scheme made in exercise of that function.

(3) A direction under paragraph (1) must be given in writing.

(4) If a local transport authority fail without reasonable excuse, to comply with a direction under paragraph (1), the CMA may apply to the Court of Session for an order requiring the authority to comply with the direction within a time specified in the order.

(5) An order under paragraph (4) may provide for all of the expense of, or incidental to, the application for the order to be borne by the local transport authority.

(1)

See section 82(1) of the Transport (Scotland) Act 2001 (asp 2) for the meaning of “local transport authority”. There are amendments to section 82 which are not relevant to this definition.