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Review of operating centresE+W+S

30 Periods of review for operating centres.E+W+S

(1)Within such time after any period of review as may be prescribed, [F1a traffic commissioner] may serve a notice on [F1the holder of an operator’s licence] stating that the commissioner is considering whether to exercise any of his powers under sections 31 and 32 in relation to a place specified in the licence as an operating centre of the licence-holder.

(2)The periods of review in relation to an operator’s licence are—

(a)the period of five years beginning with the date specified in the licence as the date on which it came into force; and

(b)each consecutive period of five years.

(3)Regulations may amend subsection (2) by substituting a higher or lower number (but not a number lower than five) for the number of years for the time being specified in paragraphs (a) and (b).

(4)Regulations may make provision as to the manner in which notices under this section are to be or may be served, including provision as to the circumstances in which, and the time at which, any such notice is to be treated as having been duly served (whether or not it has in fact been served).

Textual Amendments

Modifications etc. (not altering text)

C1S. 30 modified (1.1.1996) by S.I. 1995/2181, art. 3, Sch. para. 12(1)(2)

31 Power to remove operating centres on review.E+W+S

(1)If, [F2after a notice has been served] under section 30 in respect of a place specified in an operator’s licence, [F3a traffic commissioner] determines that the place is unsuitable—

(a)on grounds other than environmental grounds, or

(b)on the ground mentioned in subsection (2),

for use as an operating centre of the licence-holder, he may (subject to subsection (3)) direct that it cease to be specified in the licence.

(2)The ground referred to in subsection (1)(b) is that the parking of vehicles used under the licence at or in the vicinity of the place causes adverse effects on environmental conditions in that vicinity.

(3)Where the only ground for giving a direction under subsection (1) is the ground mentioned in subsection (2), the traffic commissioner may not give such a direction unless during the period of review in question representations were made to him [F4or another traffic commissioner] —

(a)by such a person as is mentioned in section 12(2), or

(b)by a person who is the owner or occupier of any land in the vicinity of the place in question,

as to the unsuitability of the place on environmental grounds for continued use as an operating centre for vehicles used under any operator’s licence.

(4)Representations made by a person such as is mentioned in paragraph (b) of subsection (3) shall be disregarded for the purposes of this section if, when they were made, any adverse effects on environmental conditions arising from the continued use of the place in question would not have been capable of prejudicially affecting the use or enjoyment of the land mentioned in that paragraph.

(5)Any representations under this section—

(a)shall be made in the prescribed manner; and

(b)shall contain particulars of any matters alleged by the person making the representations to be relevant to the issue to which they relate;

but where [F3a traffic commissioner] considers there to be exceptional circumstances that justify his doing so, he may direct that representations be treated for the purposes of this Act as duly made under this section notwithstanding that they were not made in the prescribed manner or within the period of review in question.

Textual Amendments

Modifications etc. (not altering text)

C2S. 31 modified (1.1.1996) by S.I. 1995/2181, art. 3, Sch. paras. 12(2), 13(2)(3)

32 Power to attach conditions on review.E+W+S

(1)If, [F5after a notice has been served] under section 30 in respect of a place specified in an operator’s licence, [F5no direction is given in respect of the place under section 31, a traffic commissioner] may direct—

(a)that conditions (or additional conditions) such as are mentioned in section 21, 22(1)(c) or 23 be attached to the licence;

(b)that any conditions already attached to the licence under section 21, 22(1)(c) or 23 be varied.

(2)Any conditions attached to the licence under subsection (1)(a) shall relate or, in the case of conditions such as are mentioned in section 22(1)(c), shall only require [F6a traffic commissioner] to be informed of events that relate—

(a)only to the place referred to in subsection (1), or

(b)only to that place and any other places in respect of which [F7the traffic commissioner giving the direction] has power to attach conditions under that subsection.

(3)Any variation under subsection (1)(b) shall be such as imposes new or further restrictions or requirements—

(a)only in relation to the place referred to in subsection (1), or

(b)only in relation to that place and any other places in respect of which [F8the traffic commissioner giving the direction] has power to attach conditions under that subsection.

(4)Where [F9a traffic commissioner] gives a direction in respect of an operator’s licence under section 31 or subsection (1)(a) above, he may also vary the licence by directing—

(a)that any vehicle cease to be specified in the licence;

(b)that any maximum number specified in the licence under section 6 be reduced;

(c)that a provision such as is mentioned in section 5(2) be included in the licence;

(d)that a provision such as is mentioned in section 6(1)(b) or (2)(b) be included in the licence.

(5)In this Act any reference, in relation to an operator’s licence, to a condition attached to the licence under section 21, 22 or 23 includes a reference to any condition such as is mentioned in section 21, 22 or (as the case may be) 23 attached to the licence under subsection (1)(a) above.

Textual Amendments

Modifications etc. (not altering text)

C3S. 32 modified (1.1.1996) by S.I. 1995/2181, art. 3, Sch. para. 12(2)