Legalize / United Kingdom / Public General Act

Transport Act 2000

Type Public General Act

Publication 2000-11-30

Last updated 2026-04-06

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(e) if a condition under section 138E is to cease to apply as from a particular date, the date as from which it ceases to apply.

(3) Subject to regulations under section 138P, the scheme may provide that—

(a) local services specified in it, or

(b) local services of a class specified in it,

are to be excluded from the scheme.

138I

(1) If it appears to a local transport authority or authorities that have made an enhanced partnership scheme appropriate to do so, they may decide that any of the dates specified in subsection (3) are to be postponed by such period as they think fit.

(2) A date may not be postponed under subsection (1) by a period or periods which in total exceed 12 months.

(3) The dates are—

(a) the date on which the scheme is to come into operation,

(b) the date as from which any particular requirement is to be imposed under the scheme,

(d) the date as from which any particular measures are to be taken under the scheme, and

(e) the date as from which any particular condition under section 138E applies.

(4) Before making such a decision they must consult all operators of local services who would, in their opinion, be affected by the scheme.

(5) Not later than 14 days after the date on which any such decision is made, they must give notice of the making of the decision—

(a) in such manner as they consider appropriate for bringing it to the attention of persons in their area or combined area,

(b) to all operators of local services who would, in their opinion, be affected by the scheme, and

(6) The notice must include a statement of their reasons for the decision.

138J

(1) If an enhanced partnership scheme requires a local transport authority or authorities to provide particular facilities, they must—

(a) provide each of the specified facilities not later than the date specified for its provision under the scheme (subject to section 138I), and

(b) continue to provide it throughout the remainder of the period for which the scheme is in operation.

(2) Subsection (1) does not apply in relation to any period during which the authority or authorities are temporarily unable to provide the facilities because of circumstances beyond their control.

(3) Subsection (1) does not apply in the case of the Secretary of State if the Secretary of State is unable to provide the facilities because of the variation or revocation of a traffic regulation order.

(4) If an enhanced partnership scheme made by a local transport authority or authorities requires them to take particular measures, they must—

(a) take each of the specified measures not later than the date specified for taking it under the scheme (subject to section 138I), and

(b) continue to take those measures throughout the remainder of the period for which the scheme is in operation.

(5) Subsection (4) does not apply in relation to any period during which the authority or authorities are temporarily unable to take those measures because of circumstances beyond their control.

(6) Subsection (4) does not apply in the case of the Secretary of State if the Secretary of State is unable to take the measures because of the variation or revocation of a traffic regulation order.

(7) Subsection (8) applies if the enhanced partnership plan or scheme made by a local transport authority or authorities makes provision about—

(a) one or more reviews of the plan, or

(b) one or more reviews of the operation of the scheme.

(8) The authority or authorities must secure that the review or each review—

(a) is carried out in the manner specified in the plan or scheme, and

(b) is completed by the date specified in the plan or scheme as the date for completing that review.

(9) If a requirement applies to a local service, the operator of the service must comply with that requirement.

(10) Subsection (9) does not apply in relation to services which are excluded from the scheme because of any provision of the scheme made in accordance with section 138H(3).

138K

(1) A local transport authority or authorities to whose area or combined area, or part of it, an enhanced partnership plan relates may vary the plan and any related enhanced partnership scheme.

(2) An enhanced partnership plan or scheme may, in particular, be varied by changing the area to which the plan or scheme relates so that—

(a) it includes the whole or a part of the area of another local transport authority, or

(b) it ceases to include any part of the area of a local transport authority.

(3) An enhanced partnership plan or scheme may not be varied unless the authority or authorities have complied with the requirements in—

(a) section 138L (preparation, notice and consultation), and

(b) section 138M(1) to (5) (making the variation).

(4) An enhanced partnership scheme may not be varied unless the authority or authorities are satisfied that the scheme, as varied, will contribute to the implementation of—

(a) the policies set out in the related enhanced partnership plan (or those policies as proposed to be varied, if the scheme and the policies in the plan are being varied at the same time), and

(b) their local transport policies.

(5) An enhanced partnership scheme may not be varied unless the authority or authorities are satisfied that the scheme, as varied, will—

(a) bring benefits to persons using local services in the whole or any part of the area to which the scheme relates by improving the quality or effectiveness of those services, or

(b) reduce or limit traffic congestion, noise or air pollution.

(6) The references in subsections (1) and (3) to (5) and sections 138L and 138M to the local transport authority or authorities—

(a) in relation to the variation of an enhanced partnership plan, or

(b) in relation to the variation of an enhanced partnership scheme, if the scheme is proposed to be varied at the same time as the related enhanced partnership plan is proposed to be varied,

include a reference to a local transport authority to no part of whose area the plan relates but to whose area or part of it the plan would relate under a proposed variation.

(7) Nothing in this section prevents an enhanced partnership scheme being varied, in accordance with the scheme, in such cases as are allowed by the scheme (see section 138E).

(8) Before varying an enhanced partnership plan, a local transport authority must have regard to the desirability, in appropriate cases, of varying a plan so as to include in the area to which the plan relates any part of the area of one or more other local transport authorities.

138L

(1) If a local transport authority or authorities propose to vary an enhanced partnership plan or scheme, they must—

(a) give notice of their intention to prepare changes to the plan or scheme in such manner as they consider appropriate for bringing it to the attention of persons in their area or combined area,

(b) prepare the changes,

(c) give notice of the changes prepared to the persons who are operators of qualifying local services in the area to which the plan (or the plan as proposed to be varied) relates on the relevant day, and

(d) give notice of the proposal to vary the plan or scheme in such manner as they consider appropriate for bringing it to the attention of persons in their area or combined area.

(2) A notice under subsection (1)(c) must—

(a) contain full details of the changes prepared,

(b) state the effect of subsection (5), and

(c) require any objections to be made before the end of the period of 28 days beginning with the day on which the notice is given (“the objection period”).

(3) A notice under subsection (1)(d) must—

(a) contain full details of the changes, or

(b) state where such details may be inspected.

(4) The authority or authorities must—

(a) invite operators of qualifying local services to participate in the preparation of the changes before starting to prepare them, and

(b) invite any person who becomes an operator of a qualifying local service while the changes are being prepared to participate in their preparation.

(4A) A local transport authority or authorities may give notice of a proposal under subsection (1)(d) before the end of the objection period if every person to whom the notice under subsection (1)(c) is required to be given has confirmed in writing that they do not intend to object.

(5) A local transport authority or authorities may not give notice of a proposal under subsection (1)(d) if, within the objection period—

(a) a sufficient number of the persons who are operators of qualifying local services in the area to which the plan relates on the relevant day object to the changes prepared for the plan (if changes to a plan are prepared), or

(b) a sufficient number of the persons who are operators of qualifying local services in the area to which the scheme relates on the relevant day object to the changes prepared for the scheme (if changes to a scheme are prepared).

(6) After giving notice of the proposal under subsection (1)(d), the authority or authorities must consult the Competition and Markets Authority.

(7) If a local authority or authorities propose to vary two or more enhanced partnership schemes at the same time, subsection (5)(b) has effect as if references to the scheme were references to one of the schemes in question.

(8) The Secretary of State may by regulations—

(a) specify the descriptions of local services that are qualifying local services for the purposes of this section, and

(b) specify what constitutes a sufficient number of persons for the purposes of subsection (5)(a) or (b).

(9) Regulations under subsection (8)(b) may, in particular—

(a) require that changes to a plan or scheme be objected to by such number of persons as, together, provide at least such proportion of the qualifying local services in the area in question as is specified in the regulations, in addition to being at least such proportion of the persons providing those services as is specified in the regulations, and

(b) make provision about determining the proportion of qualifying local services provided by an operator, including provision about the time by reference to which the proportion is to be determined.

(10) In this section “the relevant day”, in relation to changes to an enhanced partnership plan or scheme prepared by a local transport authority or authorities under subsection (1)(b), means the day before the authority or authorities send out a notice relating to that plan or scheme in accordance with subsection (1)(c).

138M

(1) This section applies if a local transport authority or authorities have complied with the requirements of section 138L as regards a proposal to vary an enhanced partnership plan or scheme.

(2) If the authority or authorities consider it appropriate to vary the plan or scheme, they may vary the plan or scheme as proposed or with modifications.

(3) Before varying the plan or scheme, the authorities must give notice of their intention to vary the plan or scheme, as proposed or with modifications, to persons who were operators of qualifying local services at the qualifying time.

(4) The notice under subsection (3) must—

(a) contain full details of the variation or state where such details may be inspected,

(b) if the variation made is a modified version of the variation that was proposed, state that it is a modified version,

(d) require any objections by persons who are operators of qualifying local services at the qualifying time to be made before the end of the period of 28 days beginning with the day on which the notice is given (“the objection period”).

(4A) The authority or authorities may vary the plan or scheme (with or without modifications) before the end of the objection period if every person to whom the notice under subsection (3) is required to be given has confirmed in writing that they do not intend to object.

(5) The authority or authorities may not vary the plan or scheme (with or without modifications) if a sufficient number of the persons who were operators of qualifying local services at the qualifying time object to the variation.

(6) Not later than 14 days after the date on which the variation of the plan or scheme is made, the authority or authorities must give notice of the variation—

(a) in such manner as they consider appropriate for bringing it to the attention of persons in their area or combined area,

(b) to all operators of local services who would, in the opinion of the authority or authorities, be affected by it, and

(7) The notice must—

(a) contain full details of the variation or state where such details may be inspected, and

(b) if the variation made is a modified version of the variation that was proposed, state that it is a modified version.

(8) The Secretary of State may by regulations—

(a) specify the descriptions of local services that are qualifying local services for the purposes of this section,

(b) provide for the determination of the qualifying time for the purposes of this section,

(d) specify what constitutes a sufficient number of persons for the purposes of subsection (5), and

(e) specify how a person's objection is to be evidenced.

(9) Regulations under subsection (8)(d) may, in particular—

(a) require that a proposed variation be objected to by such number of persons as, together, provide at least such proportion of the qualifying local services as is specified in the regulations, in addition to being at least such proportion of the persons providing those services as is specified in the regulations, and

(b) make provision about determining the proportion of qualifying local services provided by an operator, including provision about the time by reference to which the proportion is to be determined.

138N

(1) The relevant references to the authority or authorities in relation to an enhanced partnership scheme—

(a) include a traffic regulation authority if it has been varied so that it specifies traffic regulation facilities or measures, but

(b) do not include a traffic regulation authority if it has been varied so that it no longer specifies such facilities or measures.

(2) But if (although the scheme does not specify facilities or measures which are traffic regulation facilities or measures in relation to a traffic regulation authority) it would do by reason of a proposed variation, those references to the authority or authorities in relation to an enhanced partnership scheme (apart from the relevant references in section 138J) include that authority.

(3) And if (although the scheme specifies facilities or measures which are traffic regulation facilities or measures in relation to a traffic regulation authority)—

(a) the traffic regulation order, or (where more than one) each of the traffic regulation orders, required to be made by that authority for the provision of those facilities or measures has been revoked, and

(b) the scheme is proposed to be varied (but not so that it specifies other facilities or measures which are traffic regulation facilities or measures in relation to that authority),

the relevant references to the authority or authorities in relation to an enhanced partnership scheme (apart from those in section 138J) do not include that authority.

(4) For the purposes of this section the relevant references are those in—

(a) section 138A(6) and (11),

(b) sections 138F to 138J,

(d) sections 138L and 138M,

(e) section 138O, and

(f) paragraph 27(4) of Schedule 9 to the Road Traffic Regulation Act 1984.

(5) Subsections (1) and (2) are not to be taken as affecting the area indicated by references in the provisions mentioned in subsection (4) to the authority's or authorities' area or combined area.

(6) For the purposes of this section—

(a) facilities are traffic regulation facilities, in relation to a traffic regulation authority and an enhanced partnership scheme, if that authority was required to be a maker of the scheme because it originally specified those facilities or would have been required to be a maker of it had it done so, and

(b) measures are traffic regulation measures, in relation to a traffic regulation authority and an enhanced partnership scheme, if that authority was required to be a maker of the scheme because it originally specified those measures or would have been required to be a maker of it had it done so.

(7) In this section “traffic regulation authority” means—

(a) a metropolitan district council, or

(b) the Secretary of State.

138O

(1) A local transport authority or authorities may, if they consider it appropriate to do so—

(a) revoke an enhanced partnership plan that relates to the whole or any part of their area or combined area, and

(b) revoke an enhanced partnership scheme relating to such a plan.

(2) A local transport authority or authority may not—

(a) revoke an enhanced partnership plan without also revoking all enhanced partnership schemes relating to it, or

(b) revoke all enhanced partnership schemes relating to an enhanced partnership plan without also revoking the plan.

(3) A local transport authority or authorities may not revoke an enhanced partnership plan or scheme unless they have complied with subsections (4) to (8).

(4) A local transport authority or authorities must give notice of a proposal to revoke an enhanced partnership plan or scheme in such manner as they consider appropriate for bringing it to the attention of persons in their area or combined area.

(5) After giving notice under subsection (4), the authority or authorities must consult—

(a) operators of qualifying local services,

(b) the Competition and Markets Authority, and

(6) If, after consulting those persons, the authority or authorities wish to revoke the plan or scheme, they must give notice of their intention to revoke the plan or scheme to persons who were operators of qualifying local services at the qualifying time.

(7) The notice under subsection (6) must—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) state the authority's or authorities' reasons for revoking the plan or scheme,

(d) require any objections to the revocation by persons who are operators of qualifying local services at the qualifying time to be made before the end of the period of 28 days beginning with the day on which the notice is given (“the objection period”).

(7A) The notice under subsection (6) may state the date on which the plan or scheme is to be revoked.

(7B) The authority or authorities may revoke the plan or scheme before the end of the objection period if every person to whom the notice under subsection (6) is required to be given has confirmed in writing that they do not intend to object.

(8) The authority or authorities may not revoke the plan or scheme if a sufficient number of the persons who were operators of qualifying local services at the qualifying time object to the revocation of the plan or (as the case may be) the scheme.

(9) Not later than 14 days after the date on which the plan or scheme is revoked, the authority or authorities must give notice of the revocation—

(a) in such manner as they consider appropriate for bringing it to the attention of persons in their area or combined area,

(b) to all operators of local services who would, in the opinion of the authority or authorities, be affected by the revocation, and

(10) Nothing in subsections (3) to (8) prevents an enhanced partnership scheme being revoked, in accordance with the scheme, in such cases as are allowed by the scheme (see section 138E).

(11) The Secretary of State may by regulations—

(a) specify the descriptions of local services that are qualifying local services for the purposes of this section,

(b) provide for the determination of the qualifying time for the purposes of this section,

(d) specify what constitutes a sufficient number of persons for the purposes of subsection (8), and

(e) specify how a person's objection is to be evidenced.

(12) Regulations under subsection (11)(d) may, in particular—

(a) require that the revocation of a plan or scheme be disagreed to by such number of persons as, together, provide at least such proportion of the qualifying local services as is specified in the regulations, in addition to being at least such proportion of the persons providing those services as is specified in the regulations, and

(b) make provision about determining the proportion of qualifying local services provided by an operator, including provision about the time by reference to which the proportion is to be determined.

138P

(1) The Secretary of State may by regulations make further provision with respect to—

(a) the procedure to be followed when making, varying or revoking enhanced partnership plans or schemes,

(b) the content or operation of schemes which include a requirement falling within section 138C(1),

(d) the making of traffic regulation orders in connection with schemes, and

(e) such other incidental matters in connection with schemes as the Secretary of State thinks fit.

(2) The regulations may in particular make provision with respect to—

(a) giving notice of proposed schemes or proposed variations or revocations of enhanced partnership plans or schemes,

(b) objections to such proposals,

(d) the form of plans, schemes or variations, and

(e) giving notice of plans or schemes which have been made or of the variation or revocation of plans or schemes.

138Q

(1) The Secretary of State may by regulations make such transitional provision as the Secretary of State considers appropriate in connection with—

(a) the making of enhanced partnership plans and schemes,

(b) the coming into operation of provisions of enhanced partnership plans and schemes,

(d) the revocation of enhanced partnership plans and schemes.

(2) The regulations may in particular provide that in prescribed circumstances—

(a) any provision of sections 6 to 9 of the Transport Act 1985 (registration of local services), or of sections 89 to 92 of that Act (obligation to invite tenders for subsidised services etc), which would otherwise have effect is not to have effect or is to have effect with such modifications as may be prescribed, or

(b) any such provision which would not otherwise have effect is to have effect or is to have effect with such modifications as may be prescribed,

in relation to the whole or any part of the area to which the scheme relates.

(3) The regulations may in particular provide for the application of requirements imposed under section 138A(5)(b) to local services that were registered under section 6 of the Transport Act 1985 before the requirements came into force.

(4) Regulations made by virtue of subsection (3) may in particular—

(a) make provision about recording requirements that apply to local services with the registered particulars of those local services;

(b) make provision requiring the local transport authority or authorities that made an enhanced partnership scheme to notify a traffic commissioner of the local services or the descriptions of local services to which each requirement specified in the scheme would apply, subject to such exceptions as may be prescribed;

(c) make provision for the cancellation of the registration of local services that could not be provided in accordance with requirements falling within section 138C(1);

(d) make provision about the determination by the local transport authority or authorities that made an enhanced partnership scheme of what local services may be registered under section 6 of the Transport Act 1985 in place of local services whose registrations are cancelled under paragraph (c), including provision for awarding contracts authorising the provision of local services or local services of particular descriptions;

(e) make provision as to the period during which the registration, or variation of registration, of local services is subject to provision under paragraph (d);

(f) make provision for cancellation under paragraph (c) to be revoked if prescribed conditions are satisfied, including conditions relating to the variation or cancellation under section 6 of the Transport Act 1985 of the registration of one or more of the local services affected;

(g) make provision for the time at which cancellation under paragraph (c) becomes effective to be postponed in prescribed circumstances;

(h) make provision for appeals against—

(i) decisions to record or not to record requirements under paragraph (a);

(ii) decisions to cancel registrations of local services under paragraph (c).

(5) Regulations made by virtue of subsection (4)(h) may in particular include provision about—

(a) to whom an appeal may be made;

(b) how an appeal may be made and dealt with;

(d) who may be parties to an appeal or further appeal.

(6) In this section “registered particulars”, in relation to a local service, means the particulars of the service required to be registered under section 6 of the Transport Act 1985.

138R

(1) The Secretary of State may issue guidance concerning the carrying out by local transport authorities and metropolitan district councils of their functions under this Part in relation to enhanced partnership plans and schemes.

(2) Those authorities and councils must have regard to any such guidance.

138S

(1) Subsection (3) applies to a situation in which—

(a) on the coming into force of an awarded contract, one or more local services cease to be provided by a person (the “former operator”) in the area to which the relevant enhanced partnership scheme relates because the cancellation of the registration of the service or services under a relevant provision becomes effective, and

(b) at the same time, a person (the “new operator”) begins to provide one or more local services in that area by virtue of that awarded contract.

(2) Subsection (3) also applies to a situation in which—

(a) one or more local services which, on the coming into force of an awarded contract, a person (the “former operator”) would be required to cease providing in the area mentioned in subsection (1)(a) of this section because the cancellation of the registration of the service or services under a relevant provision would have become effective, cease to be provided by the former operator before the coming into force of that awarded contract, and

(b) at the same time, a person (the “new operator”) begins to provide one or more local services in that area under an agreement which the authority or authorities operating the relevant enhanced partnership scheme entered into by reason of the cessation of the local service or services referred to in paragraph (a).

(3) Any situation to which this subsection applies is to be treated as a relevant transfer for the purposes of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”) (whether or not TUPE would apply apart from this subsection).

(4) For the purposes of TUPE, the organised grouping of employees that is subject to the relevant transfer consists of those employees of the former operator whose employment is principally connected with the provision of the local services referred to in subsection (1)(a) or (as the case may be) the local services referred to in subsection (2)(a).

(5) Any situation which by virtue of this section is treated as a relevant transfer for the purposes of TUPE is also to be treated as a relevant transfer within the meaning of TUPE for the purposes of—

(a) sections 257 and 258 of the Pensions Act 2004, and

(b) any regulations made under section 258 of that Act.

(6) The Secretary of State may make regulations supplementing the provision made by this section.

(7) The provision that may be made by regulations under subsection (6) includes—

(a) provision for determining, for the purposes of subsection (4), whether a person's employment is principally connected with the provision of any particular local services (including provision for or in connection with the appointment of a person to make such determination);

(b) provision for determining, in the case of any particular organised grouping of employees, the particular new operator who is to be the transferee for the purposes of TUPE (including provision for or in connection with the appointment of a person to make such determination);

(c) provision requiring any person operating local services in the area to which an enhanced partnership scheme relates to provide the authority or authorities operating the scheme with such information as may be prescribed, at such time as may be prescribed, about such of that person's employees as would fall within subsection (4) if the person ceased to provide those services in the circumstances described in subsection (1)(a);

(d) provision requiring the authority or authorities operating an enhanced partnership scheme to provide all persons operating local services in the area to which the scheme relates with such information as may be prescribed, at such time as may be prescribed, so as to enable such persons to comply with any requirement imposed by virtue of paragraph (c) of this subsection;

(e) provision requiring the authority or authorities operating an enhanced partnership scheme to ensure that any awarded contract entered into with a person because of the scheme, or any other agreement made with a person for the provision of local services in the area to which the scheme relates, is made on terms—

(i) that require the person, in the event of there being any transferring employees, to secure pension protection for every transferring employee, or every transferring employee of a prescribed description, who as an employee of the former operator had rights to acquire pension benefits, and

(ii) that, so far as relating to the securing of pension protection for a transferring employee, are enforceable by the employee.

(8) For the purposes of this section—

(a) “transferring employee” means an employee of a former operator whose contract of employment becomes, either by virtue of TUPE or by virtue of this section, a contract of employment with a new operator;

(b) “pension protection” is secured for a transferring employee if after the change of employer referred to in paragraph (a)—

(i) the employee has, as an employee of the new operator, rights to acquire pension benefits, and

(ii) those rights are of such description as is prescribed by regulations.

(9) The Secretary of State must exercise the power conferred by this section to make regulations containing provision falling within subsection (7)(e) so as to ensure—

(a) that pension protection is required to be secured for every transferring original employee who, as an employee of the original operator, had rights to acquire pension benefits, and

(b) that the rights to acquire pension benefits which a transferring original employee has as an employee of the new operator by virtue of paragraph (a) are rights which—

(i) are the same as the rights the transferring original employee had as an employee of the original operator, or

(ii) under provision made by regulations, count as being broadly comparable to, or better than, those rights.

(10) For the purposes of subsection (9)—

“transferring original employee” means a transferring employee—who immediately before the relevant date was employed by a person (the “original operator”) providing local services in the area to which the relevant enhanced partnership scheme relates, andwhose contract of employment—was, from that date until the change of employer referred to in subsection (8)(a), a contract of employment with the original operator, oron each occasion when the employee was subject to a relevant transfer became, either by virtue of TUPE or by virtue of this section, a contract of employment with a person providing local services in the area referred to in paragraph (a);

“relevant date”, in relation to an enhanced partnership scheme, means—the date on which the scheme was made, orwhere—the local services being provided by the original operator were not subject to the scheme when it was made, andas a result of the variation of the scheme, those services became subject to the scheme,the date on which that variation was made;

“relevant transfer” means anything that is, or is to be treated as, a relevant transfer for the purposes of TUPE.

(11) In this section—

“awarded contract” means a contract authorising a person to provide a local service that is awarded in accordance with—regulations made by virtue of section 6E(6) of the Transport Act 1985 (provision for services to be allocated), orregulations made by virtue of section 138Q(4)(d);and an awarded contract is to be regarded as in force when the authority to provide a service has effect;

“relevant provision” means—section 6E(2) of the Transport Act 1985 (cancellation where incompatibility with a requirement falling within section 138C(1)), orregulations made by virtue of section 138Q(4)(c).

141A

(1) The Secretary of State may by regulations require—

(a) applicants for the registration of relevant local services, or for the variation or cancellation of any such registration, to provide prescribed information—

(i) in relation to the services, or

(ii) in connection with the application;

(b) operators of registered relevant local services to provide prescribed information in relation to the services;

(c) local transport authorities to provide prescribed information in relation to relevant local services which have one or more stopping places in their areas;

(d) traffic commissioners to provide prescribed information that is held by them in relation to relevant local services.

(2) The information that may be prescribed is such information within subsection (3) as appears to the Secretary of State to be required—

(a) in order to make information about relevant local services available to users or prospective users of those services, or

(b) in order to facilitate the exercise of functions relating to the registration of relevant local services.

(3) The information within this subsection is—

(a) information about routes, stopping places, timetables, fares and tickets,

(b) information about changes or proposed changes to routes, stopping places, timetables, fares and tickets, and

(4) The information within subsection (3)(c) includes—

(a) live information, that is to say information provided immediately it becomes available about the location of vehicles operating the services and the time at which they stop, or are expected to stop, at stopping places, and

(b) information about the operation of the services in the past.

(5) The regulations may make provision about—

(a) the person to whom the information is to be provided,

(b) the time when it is to be provided, and

(c) the manner and form in which it is to be provided (including, in particular, provision requiring it to be provided electronically).

(6) The provision made under subsection (5)(a) may not require the information to be provided to a person other than—

(a) the Secretary of State;

(b) a local transport authority whose area is in England;

(c) a person prescribed in the regulations, being a person who provides or facilitates the provision of, or is to provide or facilitate the provision of, information about relevant local services to users or prospective users of those services.

(7) The regulations may provide that a reference in the regulations to a standard according to which the information is to be provided is to be construed as a reference to that standard as it has effect from time to time.

(8) The regulations may make provision as to the use and disclosure of the information, including—

(a) provision for the information to be made available free of charge and without restrictions on its use and disclosure, and

(b) provision for information provided in connection with an application for registration, or for the variation or cancellation of a registration, to be provided to a traffic commissioner.

(9) The regulations may make different provision for different areas.

(10) Before making regulations under this section the Secretary of State must consult—

(a) such persons or organisations as appear to the Secretary of State to represent the interests of operators and users of relevant local services,

(b) such persons or organisations as appear to the Secretary of State to represent the interests of local transport authorities whose areas are in England, and

(11) The references to traffic commissioners in subsections (1)(d) and (8)(b) are to be read as including references to any local transport authority carrying out the functions of a traffic commissioner in accordance with section 6G of the Transport Act 1985.

(12) In this section—

(a) “relevant local service” means a local service which has one or more stopping places in the relevant area,

(b) references to registration, in relation to a relevant local service, are to registration under section 6 of the Transport Act 1985,

(d) “relevant area” means England outside Greater London.

(13) Where a local service is or is to be provided both inside and outside the relevant area, any part of the service which is or is to be provided outside the relevant area is to be treated as a separate service for the purposes of subsection (12)(a) if there is any stopping place for that part of the service outside the relevant area.

143A

(1) A franchising authority may, in connection with their functions under this Part in relation to franchising schemes, require an operator of local services to provide them with such relevant information about local services operated by the operator in the authority's area, or any part of it, as the operator possesses or controls.

(2) If two or more franchising authorities are exercising functions under this Part in relation to the same franchising scheme or proposed franchising scheme, each of them may, in connection with their functions under this Part in relation to franchising schemes, require an operator of local services to provide them with such relevant information about local services operated by the operator in the authorities' areas, or any part of those areas, as the operator possesses or controls.

(3) For the purposes of this section, information about the local services operated by an operator in an area is relevant information if it is—

(a) information about the total number of journeys undertaken by passengers on the local services operated by the operator in the area;

(b) information about the structure of fares for journeys on those local services;

(c) information about revenue received from those local services, including information about revenue attributable to particular types of fares or derived from journeys undertaken on particular parts of those local services;

(d) information about the total distance covered by vehicles used by the operator in operating those local services;

(e) information about persons employed by the operator in the provision of those local services;

(f) information about journeys that the operator has forecast will be undertaken by passengers on those services and revenue that the operator has forecast will be received from those services;

(g) information of such description as is specified in regulations made by the Secretary of State.

(4) The powers in subsections (1) and (2) may not be used to require an operator to provide information relating to periods that fall more than five years before the date of the demand.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) The operator may be required—

(a) to provide the information in any form in which, having regard to the manner in which the information is kept, it is reasonable to expect the operator to provide it, and

(b) to provide the information before the end of such reasonable period as may be specified by the franchising authority.

(7) If it appears to a franchising authority that an operator of a local service has failed to take all reasonable steps to comply with a requirement imposed under this section, the authority must inform a traffic commissioner.

(8) A franchising authority that have obtained information under this section may—

(a) use the information for the purposes of their functions under this Part in relation to franchising schemes, and

(b) supply the information to a person specified in subsection (9) for use in connection with the same franchising scheme or the same proposed franchising scheme.

(9) The persons referred to in subsection (8) are—

(a) a franchising authority;

(b) a person providing services to a franchising authority;

(10) The requirements in sections 123E and 123G about publishing documents do not require a franchising authority to publish information obtained by the authority, or another franchising authority exercising functions under this Part in relation to the same franchising scheme or proposed franchising scheme, under this section if it is information that the authority could refuse to disclose in response to a request under—

(a) the Freedom of Information Act 2000, or

(b) the Environmental Information Regulations 2004 (S.I. 2004/3391) or any regulations replacing those regulations.

143B

(1) If a local transport authority in England, or two or more such authorities acting jointly, are preparing an enhanced partnership plan or scheme, the authority or any of the authorities may, in connection with preparing the plan or scheme, require an operator of a local service in their area or combined area to supply relevant information.

(2) A local transport authority in England that are party to an enhanced partnership plan may, in connection with any relevant function, require an operator of a local service in their area, or in the combined area of the authority and any other local transport authority in England that are party to the plan, to supply relevant information.

(3) If an enhanced partnership plan is proposed to be varied so as to include another local transport authority in England, that authority may, in connection with determining whether and how to vary an enhanced partnership plan or scheme, require an operator of a local service in their area, or in the combined area of that authority and any other local transport authority in England that would be party to the plan as it is proposed to be varied, to supply relevant information.

(4) The operator may be required—

(a) to provide the information in any form in which, having regard to the manner in which the information is kept, it is reasonable to expect him to provide it, and

(b) to provide the information before the end of such reasonable period as may be specified by the local transport authority.

(4A) A local transport authority or authorities may not require an operator to supply information under this section unless, at least 14 days before imposing the requirement, they have given notice to the operator—

(a) of their intention to impose the requirement, and

(b) of the date on which they intend to do so and the period that they intend to allow for the provision of the information.

(4B) When imposing the requirement the authority or authorities must have regard to any representations made by the operator in response to the notice under subsection (4A).

(5) If it appears to a local transport authority that an operator of a local service has failed to take all reasonable steps to comply with a request under this section, the authority must inform a traffic commissioner.

(6) A local transport authority that have obtained information under this section in connection with a function relating to an enhanced partnership plan or scheme may—

(a) use the information for the purposes of the function for which it was obtained, and

(b) supply the information to a person specified in subsection (7) for use for those purposes in connection with the same plan or scheme.

(7) The persons referred to in subsection (6) are—

(a) a local transport authority;

(b) the Secretary of State;

(d) a person providing services to a local transport authority, the Secretary of State or a metropolitan district council.

(8) A public authority must not disclose information supplied to the authority under this section if it is information which the authority may refuse to disclose in response to a request under the Freedom of Information Act 2000 in reliance on a claim that the information is exempt information by virtue of section 40, 41, 42 or 43 of the Freedom of Information Act 2000.

(9) Subsection (8) does not prevent the disclosure of information—

(a) under subsection (6)(b),

(b) in the case of information relating to the affairs of an individual who is alive or a particular business that is being carried on, with the consent of the individual or the person for the time being carrying on the business,

(d) for the purposes of civil proceedings brought by virtue of this Act or the Transport Act 1985,

(e) in order to comply with the order of a court of tribunal, or

(f) in order to comply with a requirement imposed by law.

(10) The prohibition in subsection (8) is to be disregarded for the purposes of section 44 of the Freedom of Information Act 2000.

(11) In this section—

“relevant function” means—reviewing an enhanced partnership plan or the operation of an enhanced partnership scheme,determining whether and how to vary an enhanced partnership plan or scheme, ordetermining whether to revoke an enhanced partnership plan or scheme;

“relevant information” means information relating to a local service or passengers on a local service which is of a description specified in regulations made by the Secretary of State.

The Schedule to be inserted after Schedule 4 to the Railways Act 1993 is as follows—

The repeal of section 3(2) of the Civil Aviation (Eurocontrol) Act 1983 does not affect the operation of the words in it from “and that subsection” onwards in relation to any time before the coming into force of the repeal.

11A

(1) Before modifying a licence in reliance on section 11, the modifying authority must—

(a) publish a notice in relation to the proposed modification;

(b) send a copy of the notice to the persons listed in subsection (2);

(c) consider any representations about the proposed modification that are made in the period specified in the notice (and not withdrawn).

(2) The persons are—

(a) the licence holder;

(b) any owners or operators of aircraft, or any bodies representing them, that the modifying authority considers appropriate;

(c) any owners or managers of aerodromes, or any bodies representing them, that the modifying authority considers appropriate;

(d) any bodies representing users of air transport services that the modifying authority considers appropriate;

(e) where the modifying authority is the CAA, the Secretary of State;

(f) where the modifying authority is the Secretary of State, the CAA.

(3) The notice under subsection (1) must—

(a) state that the modifying authority proposes to modify the licence;

(b) specify the proposed modification;

(d) state the effect of the proposed modification;

(e) specify a reasonable period for making representations.

(4) If, after publishing the notice under subsection (1), the modifying authority decides not to make the modification in reliance on section 11, the modifying authority must—

(a) publish a notice, giving its reasons;

(b) send a copy of the notice to the persons listed in subsection (2).

(5) If, after complying with subsections (1) to (3) in relation to a modification, the modifying authority decides to modify a licence in reliance on section 11, the modifying authority must—

(a) publish a notice in relation to the modification;

(b) send a copy of the notice to the persons listed in subsection (2).

(6) The modifying authority is not to be treated as having complied with subsections (1) to (3) in relation to a modification of a licence if the modification differs significantly from the modification proposed in the notice under subsection (1).

(7) The notice under subsection (5) must—

(a) specify the modification;

(b) specify the date from which the modification is to have effect (subject to paragraphs 6 to 8 of Schedule A1);

(d) state the effect of the modification;

(e) state how it has taken account of any representations made in the period specified in the notice under subsection (1);

(f) state the reasons for any differences between the modification and that set out in the notice under subsection (1).

(8) The date specified under subsection (7)(b)—

(a) in the case of a modification of a licence condition, must fall after the end of the period of 6 weeks beginning with the day on which the notice under subsection (5) was published (subject to paragraphs 6 to 8 of Schedule A1);

(b) otherwise, must fall after the end of the period of 28 days beginning with that day.

(9) In this section “modifying authority”—

(a) in relation to a modification of a licence condition, means the CAA;

(b) in relation to any other modification, means the Secretary of State.

11B

(1) The CAA must not make a proposed modification if, within the period specified under section 11A(3)(e), the Secretary of State directs it not to do so.

(2) The CAA must—

(a) publish a direction given to it under subsection (1);

(b) send a copy of the direction to the persons listed in subsection (3).

(3) The persons are—

(a) the licence holder;

(b) any owners or operators of aircraft, or any bodies representing them, that the CAA considers appropriate;

(d) any bodies representing users of air transport services that the CAA considers appropriate.

Appeal against modification of licence conditions

19A

(1) An appeal lies to the CMA against a decision by the CAA to modify a licence condition under section 11(1).

(2) An appeal may be brought under this section only by—

(a) the licence holder,

(b) an owner or operator of an aircraft whose interests are materially affected by the decision, or

(3) “Prescribed aerodrome” means an aerodrome of a description prescribed by regulations made by the Secretary of State.

(4) An appeal may be brought under this section only with the permission of the CMA.

(5) An application for permission to appeal under this section may be made only by a person who, if permission is granted, will be entitled to bring the appeal.

(6) The CMA may refuse permission to appeal under this section only on one of the following grounds—

(a) that the appeal is brought for reasons that are trivial or vexatious;

(b) that the appeal does not have a reasonable prospect of success;

(7) This subsection is satisfied if the appeal is brought—

(a) against a decision that relates entirely to a matter remitted to the CAA following an earlier appeal under this section, and

(b) on grounds that were considered, or could have been raised by the current applicant or a relevant connected person, as part of the earlier appeal.

(8) In subsection (7) “relevant connected person”, in relation to an applicant, means a person who was connected to the applicant at any time during the consideration of the earlier appeal by the CMA.

19B

The CMA may allow an appeal under section 19A only to the extent that it is satisfied that the decision appealed against was wrong on one or more of the following grounds—

(a) that the decision was based on an error of fact;

(b) that the decision was wrong in law;

19C

(1) Where it does not allow an appeal under section 19A, the CMA must confirm the decision appealed against.

(2) Where it allows an appeal under section 19A, the CMA must do one or more of the following—

(a) quash the decision appealed against;

(b) remit the matter that is the subject of the decision appealed against to the CAA for reconsideration and decision in accordance with this Chapter and any directions given by the CMA;

(3) Where it allows only part of an appeal under section 19A—

(a) subsection (2) applies in relation to the part of the decision appealed against in respect of which the appeal is allowed, and

(b) subsection (1) applies in respect of the rest of that decision.

(4) Where the CMA substitutes its own decision for that of the CAA, the CMA may give directions to—

(a) the CAA, and

(b) the licence holder.

(5) The CMA must not give a direction under this section that requires a person to do anything that the person would not have the power to do apart from the direction.

(6) A direction given by the CMA under this section to a person other than the CAA is enforceable—

(a) in England and Wales and Northern Ireland, as if it were an order of the High Court;

(b) in Scotland, as if it were an order of the Court of Session.

19D

(1) The CMA must determine an appeal under section 19A within the period of 24 weeks beginning with the day on which the CAA published, in accordance with section 11A, the notice of the decision that is the subject of the appeal.

This is subject to subsections (2) to (5).

(2) The CMA may extend the appeal period by not more than 12 weeks if satisfied that there are good reasons for doing so.

(3) The CMA may extend the appeal period only once in reliance on subsection (2).

(4) The CMA may extend the appeal period by any period that it considers appropriate if—

(a) there is an appeal to the Competition Appeal Tribunal under this Chapter which the CMA considers may be relevant to the appeal under section 19A, and

(b) the appeal to the Tribunal has not been determined or withdrawn.

(5) The CMA may extend the appeal period more than once in reliance on subsection (4).

(6) If the CMA extends the appeal period it must—

(a) publish a notice stating the new time limit for determining the appeal;

(b) send a copy of the notice to the persons listed in subsection (7).

(7) Those persons are—

(a) the holder of the licence that is the subject of the appeal;

(b) if the appeal was brought by someone other than the licence holder, the appellant;

(c) any other person with a qualifying interest in the decision that is the subject of the appeal (see paragraph 27(3) of Schedule A1);

(d) any owners or operators of aircraft that the CMA considers appropriate;

(e) any owners or managers of prescribed aerodromes (within the meaning given in section 19A(3)) that the CMA considers appropriate;

(f) the CAA.

(8) The Secretary of State may by regulations modify the periods of time specified in this section.

(9) In this section “appeal period”, in relation to an appeal under section 19A, means the period allowed for determining the appeal.

19E

(1) A determination made by the CMA on an appeal under section 19A—

(a) must be contained in an order made by the CMA, and

(b) takes effect at the time specified in the order or determined in accordance with the order.

(2) The order must set out the reasons for the determination.

(3) The CMA must—

(a) publish the order as soon as practicable after the determination is made;

(b) send a copy of the order to the persons listed in subsection (4).

(4) Those persons are—

(a) the holder of the licence that is the subject of the appeal;

(b) if the appeal is brought by a person other than the licence holder, the appellant;

(c) any other person with a qualifying interest in the decision that is the subject of the appeal (see paragraph 27(3) of Schedule A1);

(d) any owners or operators of aircraft that the CMA considers appropriate;

(e) any owners or managers of prescribed aerodromes (within the meaning given in section 19A(3)) that the CMA considers appropriate;

(f) the CAA.

(5) The CMA may exclude from publication under subsection (3) any information that it is satisfied is—

(a) commercial information the disclosure of which would or might, in the opinion of the CMA, significantly harm the legitimate business interests of an undertaking to which it relates, or

(b) information relating to the private affairs of an individual the disclosure of which would or might, in the opinion of the CMA, significantly harm the individual's interests.

(6) The CAA must take any steps that it considers necessary for it to comply with the order.

(7) The steps must be taken—

(a) if a time is specified in the order or is to be determined in accordance with the order, within that time;

(b) otherwise, within a reasonable time.

19F

(1) Schedule A1 makes further provision in respect of appeals under section 19A.

(2) In carrying out the functions listed in subsection (3), the CMA must have regard to the matters in respect of which duties are imposed on the CAA by section 2.

(3) Those functions are—

(a) deciding an application for permission to appeal under section 19A;

(b) deciding an application under Schedule A1 for permission to intervene in an appeal;

(4) Except where Schedule A1 provides otherwise, the functions of the CMA with respect to an appeal under section 19A are to be carried out on behalf of the CMA by a group constituted for the purpose, by the chair of the CMA, under Schedule 4 to the Enterprise and Regulatory Reform Act 2013.

Penalties

25A

(1) The CAA may not impose a penalty on a person under paragraph 9 or 10 of Schedule B1 or paragraph 2, 3 or 4 of Schedule C1 for an act or omission if it has imposed a penalty on the person under one of those provisions in respect of the same act or omission.

(2) Subsection (1) does not prevent the CAA imposing more than one penalty on a person in respect of acts or omissions that take place at different times or over different periods.

25B

(1) This section applies if all or part of a penalty imposed on a person under this Chapter is not paid within the period specified in the notice given in respect of the penalty under paragraph 12 of Schedule B1 or paragraph 6 of Schedule C1.

(2) The unpaid balance carries interest from time to time at the rate for the time being specified in section 17 of the Judgments Act 1838.

(3) The CAA may recover from any person as a debt due to the CAA—

(a) the unpaid balance, and

(b) any interest on the penalty that has not been paid.

(4) Any sums received by the CAA by way of a penalty or interest under this Chapter must be paid into the Consolidated Fund.

25C

(1) The CAA must prepare and publish a statement of its policy with respect to—

(a) imposing penalties under this Chapter, and

(b) determining their amount.

(2) The CAA may revise the statement of policy and, if it does so, it must publish the revised statement.

(3) When imposing a penalty under this Chapter, or determining the amount of such a penalty, the CAA must have regard to the last statement of policy published before the act or omission in respect of which the penalty is to be imposed.

(4) When preparing or revising a statement, the CAA must consult any persons that it considers appropriate.

40A

(1) For the purposes of this Chapter one person is connected to another if they are group undertakings in relation to each other.

(2) “Group undertaking” has the same meaning as in the Companies Acts (see section 1161 of the Companies Act 2006).

(3) The Secretary of State may by regulations make provision about when one person is connected with another for the purposes of this Chapter, including provision amending or otherwise modifying subsections (1) and (2).

Making of scheme.

Response to consultation

Local transport plans.

Consultation document

Revocation and suspension

Quality contracts schemes.

Notice and consultation requirements.

Variation or revocation of scheme.

Appeals where proposed continuation considered non-exempt

Transitional provision about schemes.

Regulations about schemes.

Power to prohibit driving of vehicle.

SCHEDULE A1

PART 1 — Permission to appeal

Application for permission to appeal

1

(1) An application to the CMA for permission to appeal under section 19A may not be made after the end of the period of six weeks beginning with the day on which the CAA published the decision notice.

(2) In this Schedule “the decision notice” means the notice published under section 11A of the decision that is the subject of the application for permission to appeal under section 19A.

(3) The applicant must send a copy of the application to the CAA.

(4) The CAA must—

(a) publish the application;

(b) send a copy of the application to the persons listed in sub-paragraph (5) (other than the applicant).

(5) Those persons are—

(a) the holder of the licence that is the subject of the application;

(b) any other person with a qualifying interest in the decision that is the subject of the application;

(d) any owners or managers of prescribed aerodromes that the CAA considers appropriate.

Determination of application for permission to appeal

2

(1) The decision of the CMA on an application for permission to appeal is to be taken by an authorised member of the CMA.

(2) The authorised member must take the decision before the end of the period of ten weeks beginning with the day on which the CAA published the decision notice.

(3) The authorised member may grant permission to appeal subject to conditions.

(4) The conditions may, in particular, include—

(a) conditions which limit the matters that are to be considered on the appeal;

(b) conditions for the purpose of expediting the determination of the appeal;

(c) conditions requiring the appeal to be considered together with other appeals, including appeals relating to different matters or decisions and appeals brought by different persons.

(5) An authorised member of the CMA who grants permission to appeal against a decision that relates entirely or partly to a matter remitted to the CAA following an earlier appeal under section 19A must grant permission subject to conditions excluding the consideration of—

(a) matters that were considered as part of the earlier appeal, and

(b) matters that could have been raised by the applicant or a relevant connected person as part of the earlier appeal,

unless the member considers that there are compelling reasons not to do so.

(6) In sub-paragraph (5) “relevant connected person”, in relation to an applicant, means a person who was connected to the applicant at any time during the consideration of the earlier appeal by the CMA.

(7) An authorised member of the CMA must—

(a) publish the decision on an application for permission to appeal and the reasons for the decision;

(b) send a copy of the decision and the reasons to the persons listed in sub-paragraph (8).

(8) Those persons are—

(a) the holder of the licence that is the subject of the application;

(b) if the application was made by someone other than the licence holder, the applicant;

(d) any owners or operators of aircraft that the authorised member considers appropriate;

(e) any owners or managers of prescribed aerodromes that the authorised member considers appropriate;

(f) the CAA.

(9) An authorised member of the CMA may exclude from publication under sub-paragraph (7) any information that the member is satisfied is—

(a) commercial information the disclosure of which would or might, in the opinion of the member, significantly harm the legitimate business interests of an undertaking to which it relates, or

(b) information relating to the private affairs of an individual the disclosure of which would or might, in the opinion of the member, significantly harm the individual's interests.

Time limit for CAA to make representations

3

(1) This paragraph applies where the CAA wishes to make representations to the CMA in relation to an application under paragraph 1 for permission to appeal against a decision.

(2) The CAA must make representations in writing before the end of the period of eight weeks beginning with the day on which the CAA published the decision notice.

(3) The CAA must send a copy of its representations to—

(a) the holder of the licence that is the subject of the application;

(b) if the application was made by someone other than the licence holder, the applicant;

(d) any owners or operators of aircraft that the CAA considers appropriate;

(e) any owners or managers of prescribed aerodromes that the CAA considers appropriate.

PART 2 — Intervention in appeal

Application for permission to intervene in appeal

4

(1) Where an application is made under paragraph 1 for permission to appeal against a decision, an application for permission to intervene in the appeal may be made to the CMA by another person who would be entitled to appeal against the decision.

(2) An application for permission to intervene—

(a) may be made before the end of the period of one week beginning with the day of publication of the CMA's decision to grant permission to appeal against the decision;

(b) may be made after the end of that period only with the leave of an authorised member of the CMA.

(3) The applicant must send a copy of the application to the CAA.

(4) The CAA must—

(a) publish the application;

(b) send a copy of the application to the persons listed in sub-paragraph (5) (other than the applicant).

(5) The persons are—

(a) the holder of the licence that is the subject of the appeal;

(b) any other person with a qualifying interest in the decision that is the subject of the appeal;

(d) any owners or managers of prescribed aerodromes that the CAA considers appropriate.

Determination of application for permission to intervene

5

(1) The decision of the CMA on an application for permission to intervene is to be taken by an authorised member of the CMA.

(2) An authorised member of the CMA may grant permission to intervene in an appeal only if the member is satisfied that allowing the applicant to intervene is necessary or desirable for the proper resolution of the appeal.

(3) The authorised member—

(a) may grant permission to intervene for the purposes of supporting or opposing an appeal;

(b) must make any permission to intervene for the purpose of supporting an appeal subject to conditions preventing the intervener from putting forward new grounds of appeal;

(c) may make permission to intervene subject to other conditions, including conditions which limit the matters that may be raised by the intervener.

(4) An authorised member of the CMA must—

(a) publish the decision on an application for permission to intervene and the reasons for the decision;

(b) send a copy of the decision and reasons to the persons listed in sub-paragraph (5).

(5) Those persons are—

(a) the holder of the licence that is the subject of the appeal;

(b) if the application was made by someone other than the licence holder, the applicant;

(d) any owners or operators of aircraft that the authorised member considers appropriate;

(e) any owners or managers of prescribed aerodromes that the authorised member considers appropriate;

(f) the CAA.

(6) An authorised member of the CMA may exclude from publication under sub-paragraph (4) any information that the member is satisfied is—

(a) commercial information the disclosure of which would or might, in the opinion of the member, significantly harm the legitimate business interests of an undertaking to which it relates, or

(b) information relating to the private affairs of an individual the disclosure of which would or might, in the opinion of the member, significantly harm the individual's interests.

PART 3 — Application for suspension of modification

Application for direction suspending licence modification

6

(1) Where an application is made under paragraph 1 for permission to appeal against a decision, an application for a direction suspending the effect of the decision may be made to the CMA—

(a) by the person who applied for permission to appeal, or

(b) by another person who would be entitled to appeal against the decision.

(2) An application for a direction may be made at any time before the determination of the appeal.

(3) The applicant must send a copy of the application to the CAA.

(4) The CAA must—

(a) publish the application;

(b) send a copy of the application to the persons listed in sub-paragraph (5) (other than the applicant).

(5) Those persons are—

(a) the holder of the licence that is the subject of the application;

(b) any other person with a qualifying interest in the decision that is the subject of the application;

(d) any owners or managers of prescribed aerodromes that the CAA considers appropriate.

Effect of early application for direction suspending licence modification

7

(1) This paragraph applies if—

(a) an application is made under paragraph 6 for a direction suspending the effect of a decision under section 11(1) to modify a licence condition,

(b) the application is made before the end of the period of six weeks beginning with the day on which the CAA published the decision notice, and

(c) the modification would have effect, but for this paragraph, before the end of the period of ten weeks beginning with that day (“the ten-week period”).

(2) The modification does not have effect during the ten-week period.

(3) The decision of the CMA on the application under paragraph 6 must be taken before the end of the ten-week period.

Direction following application under paragraph 6

8

(1) The functions of the CMA in relation to an application under paragraph 6 for a direction are to be carried out by an authorised member of the CMA.

(2) An authorised member of the CMA may give a direction suspending the effect of a decision under section 11(1) to include a condition in a licence only if—

(a) the applicant for the direction would incur significant costs if the licence condition were to have effect from the date specified in the decision, and

(b) the balance of convenience does not otherwise require the licence condition to have effect from that date.

(3) If the authorised member gives a direction suspending the effect of the decision, the licence condition does not have effect or ceases to have effect—

(a) to the extent specified in the direction, and

(b) for the period specified or described in the direction.

(4) An authorised member of the CMA may by notice vary or withdraw a direction under this paragraph if the authorised member considers it appropriate to do so having regard to the costs and the balance of convenience referred to in sub-paragraph (2).

Publication of decisions about directions

9

(1) An authorised member of the CMA must—

(a) publish a decision on an application under paragraph 6 for a direction and the reasons for the decision;

(b) send a copy of the decision and reasons to the persons listed in sub-paragraph (4).

(2) Where paragraph 7 applies, the requirements of sub-paragraph (1) must be complied with before the end of the ten-week period referred to in that paragraph.

(3) An authorised member of the CMA must—

(a) publish any notice varying or withdrawing a direction under paragraph 8 and the reasons for the variation or withdrawal;

(b) send a copy of the notice and reasons to the persons listed in sub-paragraph (4).

(4) Those persons are—

(a) the holder of the licence that is the subject of the application or direction;

(b) if the application for the direction was made by someone other than the licence holder, the applicant;

(d) any owners or operators of aircraft that the authorised member considers appropriate;

(e) any owners or managers of prescribed aerodromes that the authorised member considers appropriate;

(f) the CAA.

Time limit for CAA to make representations

10

(1) This paragraph applies where the CAA wishes to make representations to the CMA in relation to an application under paragraph 6 for a direction.

(2) In a case to which paragraph 7 applies, the CAA must make the representations in writing before the end of the period of eight weeks beginning with the day on which the CAA published the decision notice.

(3) In any other case—

(a) an authorised member of the CMA must specify a reasonable period for making representations;

(b) the CAA must make the representations in writing before the end of that period.

(4) In all cases, the CAA must send a copy of its representations to—

(a) the holder of the licence that is the subject of the application;

(b) if the application was made by someone other than the licence holder, the applicant;

(d) any owners or operators of aircraft that the CAA considers appropriate;

(e) any owners or managers of prescribed aerodromes that the CAA considers appropriate.

PART 4 — Determination of appeals

Determination of appeal by group

11

(1) A group constituted by the chair of the CMA, under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, for the purpose of carrying out functions of the CMA with respect to an appeal under section 19A must consist of three members of the CMA panel.

(2) A decision of the group is effective only if—

(a) all of the members are present when it is made, and

(b) at least two members of the group are in favour of the decision.

Representations made by the CAA

12

(1) This paragraph applies where an application for permission has been granted and the CAA makes representations to the CMA for the purposes of the appeal under section 19A.

(2) The CAA must send a copy of its representations to—

(a) the holder of the licence that is the subject of the appeal;

(b) if the appeal was brought by someone other than the licence holder, the appellant;

(d) any owners or operators of aircraft that the CAA considers appropriate;

(e) any owners or managers of prescribed aerodromes that the CAA considers appropriate.

Matters that may be disregarded

13

(1) The CMA may disregard matters raised by the CAA if it thinks it necessary to do so for the purpose of securing that an appeal under section 19A is determined within the period allowed under section 19D, unless they are matters contained in representations made to the CMA—

(a) in accordance with paragraph 10, or

(b) before the end of the period of 12 weeks beginning with the day on which the decision notice was published.

(2) The CMA may disregard matters raised by the appellant if it thinks it necessary to do so for the purpose of securing that an appeal under section 19A is determined within the period allowed under section 19D, unless the matters were raised by the appellant—

(a) at the time of the application under paragraph 1 for permission to appeal, or

(b) in an application under paragraph 6 for a direction.

(3) The CMA may disregard matters raised by an intervener if it thinks it necessary to do so for the purpose of securing that an appeal under section 19A is determined within the period allowed under section 19D, unless the matters were raised by the intervener—

(a) at the time of the application for permission to intervene under paragraph 4, or

(b) in an application under paragraph 6 for a direction.

Remitting decision to CAA

14

(1) This paragraph applies where the CMA decides to remit a matter that is the subject of an appeal under section 19A to the CAA for reconsideration and decision.

(2) Where, on reconsidering the matter, the CAA decides to modify a licence, the notice under section 11A(5) in respect of the modification may, with the agreement of the licence holder, specify a date falling—

(a) before the end of the period of six weeks beginning with the date on which the notice is published, but

(b) on or after the date on which the decision that was the subject of the appeal took effect or would have taken effect but for its suspension under this Schedule.

Substituting the CAA's decision

15

(1) This paragraph applies where the CMA decides to substitute its own decision for a decision of the CAA that is the subject of an appeal under section 19A.

(2) The decision of the CMA has effect as if made by the CAA except that—

(a) section 11A(5) does not apply;

(b) an appeal may not be brought against it under section 19A.

(3) Any modification of a licence effected by the CMA takes effect from the date specified by the CMA.

(4) The CMA may, with the agreement of the licence holder, specify a date falling—

(a) before the date on which the order containing its decision is published, but

(b) on or after the date on which the decision that was the subject of the appeal took effect or would have taken effect but for its suspension under this Schedule.

PART 5 — General

Consideration of new matters

16

(1) This paragraph applies to—

(a) an authorised member of the CMA with the function of determining an application for permission to appeal under section 19A;

(b) a group with the function of determining an appeal under that section.

(2) The member or group must not have regard to any matter, information or evidence raised or provided by the CAA if it was not considered by the CAA in making the decision that is the subject of the application or the appeal, unless the member or group considers that—

(a) the CAA could not reasonably have been expected to consider the matter, information or evidence when making that decision, and

(b) the matter, information or evidence is likely to have an important effect on the outcome of the application or appeal, either by itself or taken together with other matters, information or evidence.

(3) The member or group must not have regard to any matter, information or evidence raised or provided by a person other than the CAA if it was not considered by the CAA in making the decision that is the subject of the application or appeal, unless the member or group considers that—

(a) the person or a relevant connected person could not reasonably have raised the matter with the CAA, or provided the information or evidence to the CAA, during the period in which the CAA was making that decision, and

(b) the matter, information or evidence is likely to have an important effect on the outcome of the application or appeal, either by itself or taken together with other matters, information or evidence.

(4) Where the member or group has regard to any matter, information or evidence in reliance on sub-paragraph (2) or (3), those sub-paragraphs do not prevent the member or group having regard to further matters, information or evidence raised or provided in response to it if the member or group considers that the further matter, information or evidence is likely to have an important effect on the outcome of the application or appeal, either by itself or taken together with other matters, information or evidence.

(5) In sub-paragraph (3) “relevant connected person”, in relation to a person who raises or provides a matter, information or evidence, means a person who was connected to that person at any time during the period in which the CAA was making the decision that is the subject of the application or appeal.

(6) References in this paragraph to the period in which the CAA was making a decision are to the period—

(a) beginning with the publication of a notice under section 11A(1) proposing to make the modification, and

(b) ending with the publication of a notice under section 11A(5) in relation to that modification.

Production of documents

17

(1) The CMA may by notice require a person to produce to it documents specified or described in the notice that are in the person's custody or under the person's control.

(2) In this paragraph “document” means anything in which information is recorded.

(3) The notice may require the production of documents—

(a) at a time and place specified in the notice;

(b) in a form and manner specified in the notice.

(4) The notice may not require a person to produce documents that the person could not be compelled to provide in evidence in civil proceedings before the High Court or, in Scotland, the Court of Session.

(5) A notice under this paragraph may be given on behalf of the CMA by an authorised member of the CMA.

Oral hearings

18

(1) For the purposes of this Schedule the following persons may hold an oral hearing and take evidence on oath—

(a) an authorised member of the CMA considering an application under paragraph 1 for permission to appeal;

(b) an authorised member of the CMA considering an application under paragraph 4 for permission to intervene;

(d) a group with the function of determining an appeal under section 19A.

(2) In the course of holding such a hearing and taking such evidence, a person or group described in sub-paragraph (1) may administer oaths.

(3) An authorised member of the CMA may by notice require a person—

(a) to attend at a time and place specified in the notice, and

(b) at that time and place, to give evidence to a member or group described in sub-paragraph (1).

(4) At an oral hearing, the member or group conducting the hearing may require the following persons to give evidence or to make representations—

(a) the applicant, the appellant or any intervener (if present);

(b) a person attending a hearing as a representative of the applicant, the appellant, an intervener or the CAA.

(5) Subject to sub-paragraph (6), a person who gives oral evidence at the hearing may be cross-examined by or on behalf of—

(a) the appellant;

(b) an intervener;

(6) Such a person may be cross-examined by or on behalf of an intervener only with the leave of the member or group conducting the hearing.

(7) If the applicant, the appellant, an intervener or a representative of any such person or the CAA is not present at a hearing—

(a) there is no requirement to give notice to that person under sub-paragraph (3);

(b) the member or group conducting the hearing may determine the application or appeal without hearing that person's evidence or representations.

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