Transport Act 2000 (c. 38)

(The document as of February, 2008)

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(d) the [1979 c. 38.] Estate Agents Act 1979;

(e) the [1980 c. 21.] Competition Act 1980;

(f) the [1984 c. 12.] Telecommunications Act 1984;

(g) the [1986 c. 31.] Airports Act 1986;

(h) the [1986 c. 44.] Gas Act 1986;

(i) the [1986 c. 45.] Insolvency Act 1986;

(j) the [1987 c. 43.] Consumer Protection Act 1987;

(k) the [1989 c. 29.] Electricity Act 1989;

(l) the [1990 c. 42.] Broadcasting Act 1990;

(m) the [1991 c. 29.] Property Misdescriptions Act 1991;

(n) the [1991 c. 56.] Water Industry Act 1991;

(o) the [1991 c. 57.] Water Resources Act 1991;

(p) the [1993 c. 43.] Railways Act 1993;

(q) the [1994 c. 21.] Coal Industry Act 1994;

(r) the [1998 c. 41.] Competition Act 1998;

(s) any subordinate legislation made for the purpose of securing compliance with Articles 84 and 85 of the Treaty establishing the European Community;

(t) any subordinate legislation made for the purpose of securing compliance with the Directive of the Council of the European Communities dated 10th September 1984 (No. 84/450/EEC) on the approximation of the laws, regulations and administrative provisions of the member States concerning misleading advertising;

(u) any Air Navigation Order made under section 60 of the [1982 c. 16.] Civil Aviation Act 1982.

4 The Secretary of State may by order amend paragraph 3.

Other exceptions

5 (1) Paragraph 1(2) does not limit--

(a) the information which may be included in a report of the Competition Commission on a reference under section 12;

(b) the information or advice which may be published by the CAA under section 90.

(2) Paragraph 1(2) does not apply to--

(a) information which has been published in a report published under section 13;

(b) information which has otherwise been made available to the public by being disclosed in circumstances in which, or for a purpose for which, disclosure is not precluded by this Schedule.

(3) Information obtained by the CAA in exercising functions which are exercisable concurrently with Director General of Fair Trading under Part I of the [1998 c. 41.] Competition Act 1998 is subject to sections 55 and 56 of that Act (disclosure) and not to paragraph 1(2).

Offence

6 A person who discloses information in contravention of this Schedule is guilty of an offence and liable--

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

Section 153.

SCHEDULE 10 Competition test for exercise of bus functions

Functions to which Schedule applies

1 (1) The functions to which this Schedule applies are those of--

(a) making and varying quality partnership schemes,

(b) making and varying ticketing schemes, and

(2) For the purposes of this Schedule an authority proposes (or authorities propose) to exercise a function to which this Schedule applies--

(a) in the case of the function of making or varying a quality partnership scheme, once notice of a proposal to make or vary it has been given under section 115(1),

(b) in the case of the function of making or varying a ticketing scheme, once notice of a proposal to make or vary it has been given under section 136(1), and

(c) in the case of the function of inviting or accepting tenders under section 89 or 91 of the [1985 c. 67.] Transport Act 1985, once it is proposed to invite tenders under section 89(2) or 91(3) of that Act or to accept or not to accept a tender under section 89 of that Act.

Competition test

2 (1) For the purposes of this Schedule the exercise or proposed exercise of a function to which 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 substantial benefit to users of local services, and

Applications to Director for decision

3 (1) An application may be made to the Director General of Fair Trading (in this Schedule referred to as "the Director") for him to decide whether the exercise or proposed exercise of a function to which this Schedule applies meets the competition test.

(2) An application may be made under this paragraph by--

(a) the authority or authorities by whom the function has been exercised or is proposed to be exercised, or

(b) any operator of local services who is, or is likely to be, affected by the exercise of the function.

4 (1) If an application is made under paragraph 3 by the authority or authorities by whom a function has been exercised or is proposed to be exercised, it or they must inform any operators of local services who, in the opinion of the authority or authorities, are or are likely to be affected by the exercise of the function that the application has been made.

(2) If an application is made under paragraph 3 by an operator of local services, he must inform the authority or authorities by whom the function has been exercised or is proposed to be exercised that the application has been made.

(3) The Director must arrange for an application made under paragraph 3 to be published in such a way as he thinks most suitable for bringing it to the attention of those likely to be affected by it, unless he is satisfied that it will be sufficient for him to seek information from one or more particular persons.

(4) The Director may at any time decide not to consider, or further consider, an application made under paragraph 3 if--

(a) he is of the opinion that he has not been provided with sufficient information to do so by the person or persons by whom the application was made, or

(b) sub-paragraph (1) or (2) has not been complied with.

(5) In determining an application made under paragraph 3, the Director must take into account any representations made to him about the application.

Investigations by Director

5 If at any time the Director considers that the exercise or proposed exercise of a function to which this Schedule applies may not meet the competition test, he may conduct an investigation.

6 (1) For the purposes of an investigation under paragraph 5 the Director may require any person--

(a) to produce to him or to a person appointed by him, at a specified time and place, any specified document, or

(b) to provide him or such a person, at such a time and place, any specified information,

which he considers relates to any matter relevant to the investigation.

(2) The power conferred by sub-paragraph (1) is to be exercised by a notice in writing indicating the subject matter and purpose of the investigation; and in this paragraph "specified" means--

(a) specified, or described, in the notice, or

(b) falling within a category which is specified, or described, in the notice.

(3) Information required to be provided under sub-paragraph (1) shall be provided in the specified manner and form.

(4) The power conferred by sub-paragraph (1) to require a person to produce a document includes power--

(a) to require him to provide an explanation of the document, or

(b) if the document is not produced, to require him to state, to the best of his knowledge and belief, where it is.

(5) In this paragraph "information" includes estimates and forecasts.

7 (1) If a person refuses or fails to comply with a notice under paragraph 6, the Director may certify that fact in writing to the High Court which may enquire into the case.

(2) If after hearing--

(a) any witness who may be produced against or on behalf of the person, and

(b) any statement which may be offered in defence,

the High Court is satisfied that the person did not have a reasonable excuse for refusing or failing to comply with the notice, the High Court may punish him as if he had been guilty of contempt of court.

8 (1) A person shall not be required under paragraph 6 to produce or disclose a privileged communication.

(2) In sub-paragraph (1) "privileged communication" means a communication--

(a) between a professional legal adviser and his client, or

(b) made in connection with, or in contemplation of, legal proceedings and for the purposes of those proceedings,

which in proceedings in the High Court would be protected from disclosure on grounds of legal professional privilege.

9 Before the Director, as the result of an investigation under paragraph 5, makes a decision that the exercise or proposed exercise of a function does not meet the competition test, he must--

(a) give written notice to the person or persons likely to be affected by the proposed decision, and

(b) give that person or those persons an opportunity to make representations.

Decisions

10 When the Director makes a decision--

(a) on an application under paragraph 3, or

(b) after an investigation under paragraph 5,

he must publish his decision, together with his reasons for making it.

11 If the Director has determined an application under paragraph 3 by making a decision that the exercise or proposed exercise of a function to which this Schedule applies meets the competition test, he is to take no further action under this Schedule with respect to it unless--

(a) he has reasonable grounds for believing that there has been a material change of circumstance since he made his decision, or

(b) he has a reasonable suspicion that the information on which he based his decision was incomplete, false or misleading in a material particular.

Enforcement of decisions

12 (1) If the Director has made a decision that the exercise or proposed exercise of a function to which this Schedule applies does not meet the competition test, he may give to the authority or authorities by which it was or was to be exercised such directions as he considers appropriate.

(2) A direction under sub-paragraph (1) may (in particular)--

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

(b) in the case of the exercise of the function of making or varying a quality partnership scheme or a ticketing scheme, include provision requiring the variation or revocation of the scheme,

(c) in the case of the exercise of the function of inviting tenders under section 89(2) or 91(3) of the [1985 c. 67.] Transport Act 1985, include provision requiring the variation or withdrawal of the invitation, and

(d) in the case of the exercise of the function of accepting or not accepting a tender under section 89 or 91 of that Act, include provision requiring the variation or termination of any agreement entered into by accepting the tender or requiring the acceptance of any tender.

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

(4) If an authority fails, without reasonable excuse, to comply with a direction under sub-paragraph (1), the Director may apply to the High Court for an order requiring the authority to comply with the direction within a time specified in the order.

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

Information

13 (1) No information which--

(a) has been obtained by the Director in connection with his functions under this Schedule, and

(b) relates to the affairs of any individual or to any particular business,

is to be disclosed during the lifetime of that individual or while that business continues to be carried on, unless the condition mentioned in sub-paragraph (2) is satisfied.

(2) The condition is that consent to the disclosure has been obtained from--

(a) the person from whom the information was obtained, and

(b) if different, the individual to whose affairs the information relates or the person for the time being carrying on the business to which the information relates.

(3) Sub-paragraph (1) does not apply to a disclosure of information--

(a) made for the purpose of facilitating the performance of any function of the Director, a traffic commissioner or the Rail Regulator,

(b) made for the purpose of facilitating the performance of any function of the European Commission in respect of Community law about competition,

(c) made for the purpose of criminal proceedings in any part of the United Kingdom or in connection with the investigation of a criminal offence triable in any part of the United Kingdom, or

(d) made in compliance with the order of a court or tribunal.

(4) If information is disclosed to the public in circumstances in which the disclosure does not contravene sub-paragraph (1), that sub-paragraph does not prevent its further disclosure by any person.

(5) A person who contravenes this paragraph is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

14 (1) If information is provided by a person to the Director in connection with his functions under this Schedule, the person is guilty of an offence if--

(a) the information is false or misleading in a material particular, and

(b) the person knows that it is or is reckless as to whether it is.

(2) If a person--

(a) provides any information to another person, knowing the information to be false or misleading in a material particular, or

(b) recklessly provides to another person any information which is false or misleading in a material particular,

knowing that the information is to be used for the purpose of providing information to the Director in connection with his functions under this Schedule, the person is guilty of an offence.

(3) A person guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Defamation

15 For the purposes of the law relating to defamation, absolute privilege attaches to any decision made or notice given by the Director in the exercise of any of his functions under this Schedule.

Fees

16 (1) The Director may charge fees in connection with the exercise by him of any of his functions under this Schedule.

(2) Different fees may be charged in connection with different functions and in different circumstances.

(3) An application under paragraph 3 is not to be regarded as duly made unless any appropriate fee is paid.

Section 161.

SCHEDULE 11 Minor and consequential amendments about local transport

Finance Act 1965 (c. 25)

1 In section 92(8) of the Finance Act 1965 (grants towards duty charged on bus fuel), in the definition of "bus service"--

(a) in paragraph (a), after "Act" insert "or provided under a quality contract (within the meaning of Part II of the Transport Act 2000)", and

(b) in paragraph (b), for "II of that Act" substitute "II of the [1985 c. 67.] Transport Act 1985".

Transport Act 1968 (c. 73)

2 The Transport Act 1968 has effect subject to the following amendments.

3 (1) Section 9A (general functions of Passenger Transport Authorities and Executives) is amended as follows.

(2) Omit subsections (1) and (2).

(3) For subsection (3) substitute--

" (3) It shall be the duty of the Executive for each passenger transport area in England to secure the provision of such public passenger transport services as the Authority for the area consider it appropriate for the Executive to secure for meeting any public transport requirements within the area which in the Authority's view would not be met apart from any action taken by the Executive for that purpose.

(3A) The Authority shall seek and have regard to the advice of the Executive for their area in determining which services it would be appropriate for the Executive to secure under subsection (3) of this section. "

(4) In subsection (6), for the words following paragraph (b) substitute "to have regard to a combination of economy, efficiency and effectiveness."

(5) In subsection (7), insert at the end "and to the bus strategy made jointly by the Authority and the councils for the metropolitan districts comprised in the area."

4 Omit section 9B (consultation and publicity with respect to policies as to services).

Local Government Act 1972 (c. 70)

5 In section 97 of the Local Government Act 1972 (exceptions from prohibition on member of local authority discussing and voting on matters in which he has pecuniary interest), after subsection (6) insert--

" (7) Section 94 above shall not prohibit a director of a public transport company, or a subsidiary of such a company, who is neither--

(a) paid for acting as such; nor

(b) an employee of the public transport company or subsidiary,

from taking part in the consideration or discussion of, or from voting on any question with respect to, a local transport plan or bus strategy; and in this subsection "public transport company" and "subsidiary" have the same meanings as in Part IV of the [1985 c. 67.] Transport Act 1985. "

Road Traffic Regulation Act 1984 (c. 27)

6 The Road Traffic Regulation Act 1984 has effect subject to the following amendments.

7 In section 1 (traffic regulation orders), after subsection (3) insert--

" (3A) A local traffic authority may make a traffic regulation order in respect of a road in relation to which the Secretary of State or the National Assembly for Wales is the traffic authority if--

(a) the order is required for the provision of facilities pursuant to a quality partnership scheme under Part II of the Transport Act 2000, and

(b) the Secretary of State, or the National Assembly for Wales, consents. "

8 (1) Paragraph 27 of Schedule 9 (variation and revocation of orders) is amended as follows.

(2) In sub-paragraph (1), for "sub-paragraph (2)" substitute "sub-paragraphs (2) and (3)".

(3) After sub-paragraph (2) insert--

" (3) Where an order is required for the provision of facilities pursuant to a quality partnership scheme made under Part II of the Transport Act 2000 by more than one authority--

(a) it may not be varied or revoked by virtue of this paragraph by the Secretary of State or the National Assembly for Wales unless he or it has consulted the other authority or authorities who made the scheme, and

(b) it may not be varied or revoked by virtue of this paragraph by any other authority without the consent of that other authority or those other authorities. "

Transport Act 1985 (c. 67)

9 The Transport Act 1985 has effect subject to the following amendments.

10 (1) Section 26(1) (conditions attached to PSV operator's licence) is amended as follows.

(2) In paragraph (b), after "section" insert "or section 118(4) or 129(1)(b) of the Transport Act 2000".

(3) After that paragraph insert " ; or

(ba) the operator has failed to comply with section 138 or 140(3) of that Act; " .

11 (1) Section 63 (functions of local councils with respect to passenger transport in areas other than passenger transport areas) is amended as follows.

(2) In subsection (1), omit paragraph (b) and the word "and" before it.

(3) In subsection (3)--

(a) omit "(1)(b) or" and "(1)(a) or",

(b) in paragraph (a), omit "as a local education authority or (as the case may be)", and

(4) In subsection (7), for the words from "so to conduct" to the end substitute "to have regard to a combination of economy, efficiency and effectiveness."

(5) In subsection (8), at end insert "and to the appropriate bus strategy."

(6) After that subsection insert--

" (8A) In subsection (8) "the appropriate bus strategy" means--

(a) in the case of a council which is a local transport authority (within the meaning of section 108(4) of the Transport Act 2000), their bus strategy;

(b) in the case of a district council which is not such an authority, the bus strategy of the council for the county in which the district is situated. "

12 (1) Section 64 (consultation and publicity with respect to policies as to services) is amended as follows.

(2) In subsection (1)--

(a) for "63(1)(b) or (2)(b)" substitute "63(2)(b)",

(b) for "either of those provisions" substitute "that provision", and

(3) In subsection (2), omit "under section 63(1)(a) or (as the case may be)".

13 In section 74 (directors of public transport companies), after subsection (3) insert--

" (3A) Subsection (3) above shall not prohibit a person from taking part in the consideration or discussion of, or from voting on any question with respect to, a local transport plan or bus strategy. "

14 In section 82 (bus stations: restrictions on discriminatory practices), after subsection (4) insert--

" (4A) Nothing done pursuant to a quality partnership scheme under Part II of the Transport Act 2000 by--

(a) a Passenger Transport Executive,

(b) a local authority, or

shall be taken to be discrimination prohibited by subsection (1) or (3) above. "

15 In section 93(7) (persons eligible to receive travel concessions under local scheme), for paragraphs (d) and (e) substitute--

" (d) persons who are blind;

(e) persons who are partially sighted;

(ea) persons who are deaf;

(eb) persons who are without speech;

(ec) persons who have a disability, or have suffered an injury, which has a substantial and long-term adverse effect on their ability to walk;

(ed) persons who do not have arms or have long-term loss of the use of both arms;

(ee) persons who have a learning disability, that is, a state of arrested or incomplete development of mind which includes significant impairment of intelligence and social functioning;

(ef) persons who, if they applied for the grant of a licence to drive a motor vehicle under Part III of the [1988 c. 52.] Road Traffic Act 1988, would have their applications refused pursuant to section 92 of that Act (physical fitness) otherwise than on the ground of persistent misuse of drugs or alcohol;

(eg) any person travelling as the companion of a person who--

(i) is eligible to receive travel concessions by virtue of any other paragraph of this subsection; and

(ii) requires the assistance of a companion in order to travel on journeys on public passenger transport services; " .

16 In section 94(4) (definition of eligible service), for the words from "a service is" to the end substitute

" "eligible service" means--

(a) until section 92 of the [1965 c. 25.] Finance Act 1965 (grants towards duty charged on bus fuel) ceases to have effect as a result of section 154(6) of the Transport Act 2000, a service qualifying for fuel duty grant, and

(b) after that time, a service using public service vehicles of a class specified in an order made by the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales). "

17 In section 103(3) (no subsidies for concessions available under a scheme), insert at the end "or under section 145(1) of the Transport Act 2000."

18 (1) Section 104 (travel concessions on services provided by Passenger Transport Executives) is amended as follows.

(2) In subsection (1), for the words from "other than" to "that section" substitute "otherwise than in accordance with a scheme established under section 93 of this Act or in accordance with section 145(1) of the Transport Act 2000".

(3) In subsection (2), after paragraph (a) insert--

" (aa) in accordance with section 145(1) of the Transport Act 2000; or " .

19 In section 105(1) (travel concessions on services provided by local authorities), for the words "of any description" onwards substitute "in accordance with a scheme established under section 93 of this Act or in accordance with section 145(1) of the Transport Act 2000."

20 (1) Section 108 (grants for establishment of rural passenger services in Wales and Scotland) is amended as follows.

(2) In subsection (1), omit "Wales or".

(3) In the sidenote, omit "Wales and".

21 Omit section 109 (transitional rural bus grants).

22 (1) Section 111 (unregistered and unreliable local services: requirement to repay twenty per cent. of bus fuel duty grants) is amended as follows (until it ceases to have effect as a result of section 154(6)).

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