Transport Act (Northern Ireland) 2011

Matters to which Department must have regard

6.—(1) In deciding whether to issue or refuse a permit or to attach conditions to a permit, the Department shall in particular have regard (where appropriate) to the following matters—

(a) the suitability of the routes on which the service may be provided under the permit;

(b) any applications for permits which the Department considers relevant;

(c) the extent, if any, to which the needs of persons likely to use the service to be provided are already adequately and economically served;

(d) the general effect which the grant of the permit would be expected to have on—

(i) other holders of permits;

(ii) persons with whom the Department has a service agreement;

(e) the need for ensuring fair competition among persons providing public passenger transport services;

(f) such other matters as may be prescribed.

(2) The Department shall also take into account—

(a) any recommendations made by the Consumer Council;

(b) any representations by—

(i) persons already providing services on any road along or near the routes which are the subject of the application;

(ii) the Chief Constable;

(iii) a district council;

(iv) a Northern Ireland department; or

(v) the Northern Ireland Tourist Board.

(3) In subsection (2)(b)(i) “services” means—

(a) public passenger transport services; or

(b) any other services to which section 33(1)(a) applies.