SCHEDULES

SCHEDULE 2Competition test: amendments of Schedule 10 to the Transport Act 2000

Test for the exercise of functions by local authorities

I1I142

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 ”.

I2I153

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 ”.

I3I164

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”.

I4I175

Omit paragraphs 3 and 4.

I5I186

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 ”.

I6I197

In paragraph 10 (decisions) omit paragraph (a).

I7I208

Omit paragraph 11.

I8I219

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

I9I2210

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

I10I2311

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

I11I2412

After paragraph 14 insert—

Advice and information

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.

I12I2513

In paragraph 15 (defamation)—

a

after “or notice given” insert “ , and to any advice or information given, ”;

b

after “its functions under” insert “ this Part of ”.

I13I2614

1

Paragraph 16 (fees) is amended as follows.

2

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

3

Omit sub-paragraph (3).