Article 10U.K.Safeguard procedure
[F11.In the event of serious disturbance of the national transport market in a given geographical area due to, or aggravated by, cabotage, the Secretary of State may consider whether or not safeguard measures are necessary and may by Order provide for measures as regards operations carried on by resident or non-resident hauliers.]
2.For the purposes of paragraph 1:
‘serious disturbance of the national transport market in a given geographical area’ means the existence on the market of problems specific to it, such that there is a serious and potentially enduring excess of supply over demand, implying a threat to the financial stability and survival of a significant number of hauliers,
[F2‘geographical area’ means an area covering all or part of the territory of any part of the United Kingdom.]
3.[F3The Secretary of State may consider whether or not safeguard measures are necessary with a view to adopting them if they are necessary.]
Such measures may involve the temporary exclusion of the area concerned from the scope of this Regulation.
Measures adopted in accordance with this Article shall remain in force for a period not exceeding 6 months, renewable once within the same limits of validity.
F4...
[F54.The Secretary of State must consult the competent authority and such other persons as the Secretary of State thinks fit before making any Order under paragraph 1.]
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[F75A.Where the Secretary of State considers that the measures adopted by Order pursuant to paragraph 1 need to be prolonged beyond the period provided for in the third subparagraph of paragraph 3, the Secretary of State must publish a consultation document relating to the proposal to so extend the measures. The proposals must set out:
(a)the reasons why it is necessary to extend the measures;
(b)the forecasted economic impact of the measures on hauliers;
(c)the expected time after which the need for measures to continue must be reviewed.]
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[F97.If after considering the responses to the consultation carried out in accordance with paragraph 5A, the Secretary of State decides that it is appropriate to continue the safeguard measures beyond the period provided in paragraph 3, or to institute alternative measures, the Secretary of State may by regulations continue those measures or adopt alternative measures.
8.The powers conferred by this Article on the Secretary of State shall be exercisable by statutory instrument except in the case of any Order made under paragraph 1 or renewed under paragraph 3.
9.Any regulations under this Article may—
(a)include supplementary, incidental, consequential, transitional, transitory or saving provision: and
(b)make different provision for different cases.]
Textual Amendments
F1Art. 10(1) substituted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(11)(a); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in Art. 10(2) substituted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(11)(b); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Art. 10(3) substituted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(11)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in Art. 10(3) omitted (31.12.2020) by virtue of The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(11)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F5Art. 10(4) substituted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(11)(d); 2020 c. 1, Sch. 5 para. 1(1)
F6Art. 10(5) omitted (31.12.2020) by virtue of The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(11)(e); 2020 c. 1, Sch. 5 para. 1(1)
F7Art. 10(5A) inserted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(11)(f); 2020 c. 1, Sch. 5 para. 1(1)