SCHEDULES
SCHEDULE 10 Competition test for exercise of bus functions
F1Part 1Test for exercise of bus functions by local authorities
Competition test
I12
1
For the purposes of F2this Part of this Schedule the exercise or proposed exercise of a function to which F3this Part of this Schedule applies meets the competition test unless it—
a
has or is likely to have a significantly adverse effect on competition, and
b
is not justified by sub-paragraph (2).
2
The exercise or proposed exercise of a function is justified if—
a
it is with a view to achieving one or more of the purposes specified in sub-paragraph (3), and
b
its effect on competition is or is likely to be proportionate to the achievement of that purpose or any of those purposes.
3
The purposes referred to in sub-paragraph (2) 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 F4... benefit to users of local services, and
c
reducing or limiting traffic congestion, noise or air pollution.
Sch. 10 Pt. 1 heading substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 2 para. 2; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(d)