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).