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SCHEDULES

Section 33.

SCHEDULE 4E+W+S Transfer of operating centres

Modifications etc. (not altering text)

C1Sch. 4 excluded by 2006 c. 12, s. 16E(4) (as inserted (14.2.2012) by London Olympic Games and Paralympic Games (Amendment) Act 2011 (c. 22), ss. 9, 10(1))

Transfers in connection with new licencesE+W+S

1(1)Where in the case of any application for [F1a heavy goods vehicle] licence—E+W+S

(a)the requirements of sub-paragraphs (2) to (5) are satisfied at the time when the application is made, and

(b)the applicant so requests,

the traffic commissioner may direct that paragraph 2 is to apply in relation to the application.

(2)Each place referred to in the statement under section 8(3) as a proposed operating centre of the applicant must already be specified in [F2a heavy goods vehicle] licence as an operating centre of its holder.

(3)That licence must be the same in the case of each such place, and no such place may be specified in more than the one [F3heavy goods vehicle] licence.

(4)Where any conditions under section 21 or 23 relating to any such place are attached to that licence, the applicant must have consented to conditions in the same terms being attached to the licence he is applying for.

(5)Where any undertakings relating to any such place are recorded in that licence, undertakings in the same terms must have been given by the applicant (or have been procured by him to be given) for the purposes of the application.

(6)In determining whether to give a direction under this paragraph, the traffic commissioner shall take account of whether any new adverse effects on environmental conditions are likely to arise from the use as an operating centre of the applicant of any such place, and may take account of any other matters he considers relevant.

(7)A place is not to be regarded for the purposes of sub-paragraph (2) as being specified in [F4a heavy goods vehicle] licence by reason only that it forms part of a place so specified; and a place that was, at the time mentioned in sub-paragraph (1)(a), a place specified in [F4a heavy goods vehicle] licence as mentioned in sub-paragraph (2) shall be disregarded for the purposes of sub-paragraph (2) if, at that time—

(a)that place was so specified by virtue of an interim direction such as is mentioned in section 25; or

(b)such conditions relating to—

(i)the exercise of the right of any person to appeal against a place being specified in [F5a heavy goods vehicle] licence, or

(ii)the review under section 36 of any decision so to specify a place,

as may be prescribed were not satisfied in relation to that place.

(8)In this paragraph “[F6heavy goods vehicle] licence” does not include an interim licence issued under section 24.

Textual Amendments

2(1)The provisions of this paragraph have effect in relation to any application for [F7a heavy goods vehicle] licence in respect of which a direction has been given under paragraph 1.E+W+S

(2)The notice published under section 10(1) shall state that the direction has been given.

(3)The following provisions of this Act shall not apply—

(4)Notwithstanding anything in [F9section 13(6)] the traffic commissioner may refuse the application if—

(a)any statement of fact made by the applicant (or procured by him to be made) for the purposes of the request for the direction under paragraph 1 was false, whether to his knowledge or not; or

(b)any undertaking given or statement of expectation made by the applicant (or procured by him to be given or made) for those purposes has not been fulfilled.

(5)If the application is granted, the traffic commissioner—

(a)shall attach to the licence issued to the applicant any conditions in respect of which the applicant has consented under paragraph 1(4); and

(b)shall not attach any other conditions to the licence under section 21 or 23.

(6)If the application is granted, the traffic commissioner shall record in the licence—

(a)any undertakings given or procured to be given under paragraph 1(5); and

(b)any other undertakings given by the applicant (or procured by him to be given), whether for the purposes of the application or for the purposes of the request for the direction under paragraph 1, that the traffic commissioner considers to be material to his decision to give the direction (and that would not otherwise be required by section 15(4) to be recorded in the licence).

Textual Amendments

Transfers in connection with the variation of licencesE+W+S

3(1)Where in the case of an application for the variation of [F10a heavy goods vehicle] licence under section 17—E+W+S

(a)the only direction applied for is one under subsection (1)(g) of that section that one or more new places be specified in the licence as an operating centre of the licence-holder,

(b)the requirements of sub-paragraphs (2) to (5) are satisfied at the time when the application is made, and

(c)the applicant so requests,

the traffic commissioner may direct that paragraph 4 is to apply in relation to the application.

(2)Each new place that is proposed to be specified in the licence must already be specified in another [F11heavy goods vehicle] licence as an operating centre of its holder.

(3)That other licence must be the same in the case of each such place, and no such place may be specified in more than the one other [F12heavy goods vehicle] licence.

(4)Where any conditions under section 21 or 23 relating to any such place are attached to that other licence, the applicant must have consented to conditions in the same terms being attached to the licence he is applying to have varied.

(5)Where any undertakings relating to any such place are recorded in that other licence, undertakings in the same terms must have been given by the applicant (or have been procured by him to be given) for the purposes of the application.

(6)In determining whether to give a direction under this paragraph, the traffic commissioner shall take account of whether any new adverse effects on environmental conditions are likely to arise from the use as an operating centre of the applicant of any such place, and may take account of any other matters he considers relevant.

(7)A place is not to be regarded for the purposes of sub-paragraph (2) as being specified in [F13a heavy goods vehicle] licence by reason only that it forms part of a place so specified; and a place that was, at the time mentioned in sub-paragraph (1)(b), a place specified in [F13a heavy goods vehicle] licence as mentioned in sub-paragraph (2) shall be disregarded for the purposes of sub-paragraph (2) if, at that time—

(a)that place was so specified by virtue of an interim direction such as is mentioned in section 25; or

(b)such conditions relating to—

(i)the exercise of the right of any person to appeal against a place being specified in [F14a heavy goods vehicle] licence, or

(ii)the review under section 36 of any decision so to specify a place,

as may be prescribed were not satisfied in relation to that place.

(8)In this paragraph “[F15heavy goods vehicle] licence” does not include an interim licence issued under section 24.

Textual Amendments

4(1)The provisions of this paragraph have effect in relation to any application for the variation of [F16a heavy goods vehicle] licence in respect of which a direction has been given under paragraph 3.E+W+S

(2)Sections 17(3) and 18 shall not apply.

(3)If the application is granted, the traffic commissioner—

(a)shall attach to the licence as varied any conditions in respect of which the applicant has consented under paragraph 3(4); and

(b)shall not attach any other conditions to the licence under section 21 or 23.

(4)If the application is granted, the traffic commissioner shall record in the licence as varied—

(a)any undertakings given or procured to be given under paragraph 3(5); and

(b)any other undertakings given by the applicant (or procured by him to be given), whether for the purposes of the application or for the purposes of the request for the direction under paragraph 3, that the traffic commissioner considers to be material to his decision to give the direction.

Textual Amendments

[F175.E+W+SIn this Schedule “the traffic commissioner”, in the case of any application, means the traffic commissioner dealing with the application.]

Textual Amendments