Competition Act 1998 (Public Transport Ticketing Schemes Block Exemption) Order 2001
| Jurisdiction | UK Non-devolved |
| Citation | SI 2001/319 |
| Year | 2001 |
2001 No. 319
COMPETITION
The Competition Act 1998 (Public Transport Ticketing Schemes Block Exemption) Order 2001
Made 8th February 2001
Laid before Parliament 8th February 2001
Coming into force 1st March 2001
Whereas the Director has recommended that the Secretary of State make an order specifying a category of agreements relating to public transport ticketing for the purposes of section 6 of the Competition Act 19981;
And whereas before making the said recommendation the Director published details of his proposed recommendation and considered the representations about it which were made to him;
Now therefore the Secretary of State in exercise of the powers conferred on him by sections 6(2), (5), (6) and (7), 8(6), 71(3) and 75 of the Competition Act 1998 hereby makes the following Order:
Citation, Commencement, Duration and Interpretation
1. This Order may be cited as the Competition Act 1998 (Public Transport Ticketing Schemes Block Exemption) Order 2001 and shall come into force on 1st March 2001.
2. This Order shall have effect from the beginning of 1st March 2000 and shall cease to have effect at the end of the period of five years commencing on 1st March 2001.
3. In this Order—
“the Act” means the Competition Act 1998;
“block exemption” means the exemption from the Chapter I prohibition arising by virtue of this Order for the category of agreements specified in this Order;
“bus service” has the meaning given in section 159(1) of the Transport Act 19682but excludes a bus service which is a tourist service;
“chartered service” means a public transport service:
(a) for which the whole capacity of the vehicle, vessel or craft supplying that service has been purchased by one or more charterers for his or their own use or for resale;
(b) which is a journey or trip organised privately by any person acting independently of the person operating the vehicle, vessel or craft supplying that service; or
(c) on which the passengers travel together on a journey, with or without breaks, from one or more places to one or more places and back;
“complementary services” means local public transport services which are not in competition with each other over a substantial part of the route covered by the ticket in question;
“connecting service” means a service (other than a bus service, a chartered service or a tourist service) for the carriage of passengers by road, tramway, railway, inland waterway or air which is a long distance service and which runs between—
(a) a station or stopping place at or in the vicinity of which the relevant local public transport service stops; and
(b) any other place;
“inland waterway” includes both natural and artificial waterways, and waterways within parts of the sea that are in the United Kingdom;
“journey” means any journey made by an individual passenger and includes a return journey;
“local public transport service” means:
(a) a bus service; or
(b) a scheduled public transport service (other than a bus service) using one or more vehicles or vessels for the carriage of passengers by road, railway, tramway or inland waterway at separate fares other than a long distance service, a chartered service or a tourist service;
“long distance add-on” means:
(a) a ticket (or tickets) entitling the holder to make a journey solely on the local public transport services of any one operator;
(b) a multi-operator travelcard; or
(c) a through ticket,
each being purchased as an add-on to a ticket (or tickets) entitling the holder to make a particular journey on one or more connecting services;
“long distance operator” means an undertaking (other than an operator) supplying a scheduled long distance service using one or more vehicles, vessels or craft for the carriage of passengers by road, railway, tramway, inland waterway or air at separate fares other than a chartered service or a tourist service;
“long distance service” means a public transport service in relation to which (except in an emergency) one or both of the following conditions are met with respect to every passenger using the service:
(a) the place where he is set down is fifteen miles or more, measured in a straight line, from the place where he was taken up;
(b) some point on the route between those places is fifteen miles or more, measured in a straight line, from either of those places,
and where a public transport service consists of one or more parts with respect to which one or both of these conditions are met, and one or more parts with respect to which neither of them is met, each of those parts shall be treated as a separate public transport service;
“members of the public” means any person other than an operator, potential operator, long distance operator or potential long distance operator;
“multi-operator individual ticket” means a ticket (or tickets) entitling the holder, where a particular journey could be made on local public transport services provided by any of two or more operators, to make that journey or any part of it on whichever service the holder chooses;
“multi-operator travel card” means a ticket (or tickets) entitling the holder to make three or more journeys on three or more specified local public transport services operating on three or more routes provided that:
(a) these routes are not substantially the same;
(b) these local public transport services are not substantially the same; and
(c) for each of these routes and local public transport services, the passenger usage and revenue received from the ticket and other such tickets purchased as a result of the relevant agreement, demonstrate that the ticket is not, in practice, a multi-operator individual ticket or a through ticket;
“operator” means an undertaking supplying local public transport services;
“posted price” means, where a ticket is purchased from one undertaking (the seller), a wholesale price set independently by another undertaking (“the creditor”) for the carriage of passengers bearing that ticket on the public transport services of the creditor;
“public transport ticketing scheme” has the meaning given in Article 4(2);
“the register” means the register maintained by the Director under rule 8 of the Director’s rules set out in the Schedule to the Competition Act 1998 (Director’s rules) Order 20003;
“short distance add-on” means a multi-operator travelcard purchased as an add-on to a ticket (or tickets) entitling the holder to make a particular journey on a local public transport service pursuant to an agreement which provides for onward travel connections for passengers on complementary services;
“stopping place” means a point at which passengers are taken up or set down in the course of a public transport service;
“through ticket” means a ticket (or tickets) entitling the holder to make a particular journey on two or more local public transport services provided that such a journey is made on complementary services;
“ticket” means evidence of a contractual right to travel;
“tourist...
To continue reading
Request your trial