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Local Transport Act 2008
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- UK Public General Acts
- 2008 c. 26
- SCHEDULE 2
- Test for the exercise...
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Changes over time for: Cross Heading: Test for the exercise of functions by local authorities
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Changes to legislation:
Local Transport Act 2008, Cross Heading: Test for the exercise of functions by local authorities is up to date with all changes known to be in force on or before 26 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Commencement Orders yet to be applied to the Local Transport Act 2008
Commencement Orders bringing provisions within this Act into force:
- S.I. 2009/579 art. 2 commences (2008 c. 26)
- S.I. 2009/3294 art. 2 commences (2008 c. 26)
Test for the exercise of functions by local authoritiesE+W
2E+WFor 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 ”.
Commencement Information
I1Sch. 2 para. 2 in force at 9.2.2009 for E. by S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1
I2Sch. 2 para. 2 in force at 1.4.2009 for W. by S.I. 2009/579, art. 2(d)
3(1)Paragraph 1 (functions to which Schedule 10 applies) is amended as follows.E+W
(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 ”.
Commencement Information
I3Sch. 2 para. 3 in force at 9.2.2009 for E. by S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1
I4Sch. 2 para. 3 in force at 1.4.2009 for W. by S.I. 2009/579, art. 2(d)
4(1)Paragraph 2 (competition test) is amended as follows.E+W
(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”.
Commencement Information
I5Sch. 2 para. 4 in force at 9.2.2009 for E. by S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1
I6Sch. 2 para. 4 in force at 1.4.2009 for W. by S.I. 2009/579, art. 2(d)
5E+WOmit paragraphs 3 and 4.
Commencement Information
I7Sch. 2 para. 5 in force at 9.2.2009 for E. by S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1
I8Sch. 2 para. 5 in force at 1.4.2009 for W. by S.I. 2009/579, art. 2(d)
6E+WIn 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 ”.
Commencement Information
I9Sch. 2 para. 6 in force at 9.2.2009 for E. by S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1
I10Sch. 2 para. 6 in force at 1.4.2009 for W. by S.I. 2009/579, art. 2(d)
7E+WIn paragraph 10 (decisions) omit paragraph (a).
Commencement Information
I11Sch. 2 para. 7 in force at 9.2.2009 for E. by S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1
I12Sch. 2 para. 7 in force at 1.4.2009 for W. by S.I. 2009/579, art. 2(d)
8E+WOmit paragraph 11.
Commencement Information
I13Sch. 2 para. 8 in force at 9.2.2009 for E. by S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1
I14Sch. 2 para. 8 in force at 1.4.2009 for W. by S.I. 2009/579, art. 2(d)
9E+WIn paragraph 12(1) (enforcement of decision) after “a function to which” insert “ this Part of ”.
Commencement Information
I15Sch. 2 para. 9 in force at 9.2.2009 for E. by S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1
I16Sch. 2 para. 9 in force at 1.4.2009 for W. by S.I. 2009/579, art. 2(d)
10E+WIn paragraph 13(1) (restriction on disclosure of information) after “its functions under” insert “ this Part of ”.
Commencement Information
I17Sch. 2 para. 10 in force at 9.2.2009 for E. by S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1
I18Sch. 2 para. 10 in force at 1.4.2009 for W. by S.I. 2009/579, art. 2(d)
11E+WIn paragraph 14 (offence of disclosing information) after “its functions under” (in both places) insert “ this Part of ”.
Commencement Information
I19Sch. 2 para. 11 in force at 9.2.2009 for E. by S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1
I20Sch. 2 para. 11 in force at 1.4.2009 for W. by S.I. 2009/579, art. 2(d)
12E+WAfter paragraph 14 insert—
“Advice and informationE+W
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.”.
Commencement Information
I21Sch. 2 para. 12 in force at 9.2.2009 for E. by S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1
I22Sch. 2 para. 12 in force at 1.4.2009 for W. by S.I. 2009/579, art. 2(d)
13E+WIn 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 ”.
Commencement Information
I23Sch. 2 para. 13 in force at 9.2.2009 for E. by S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1
I24Sch. 2 para. 13 in force at 1.4.2009 for W. by S.I. 2009/579, art. 2(d)
14(1)Paragraph 16 (fees) is amended as follows.E+W
(2)In sub-paragraph (1) after “its functions under” insert “ this Part of ”.
(3)Omit sub-paragraph (3).
Commencement Information
I25Sch. 2 para. 14 in force at 9.2.2009 for E. by S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1
I26Sch. 2 para. 14 in force at 1.4.2009 for W. by S.I. 2009/579, art. 2(d)
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