Transport Charges &c. (Miscellaneous Provisions) Act 1954

PART III

Special provisions with respect to certain services

10 This Part of this Schedule shall apply to such of the services to which this Schedule applies as are provided by an independent undertaking wholly or partly within an area (in this Part of this Schedule referred to as " the reserved area ") within which any local Act restricts the provision by any person other than the undertakers of services by public service vehicles on which a passenger can be both taken up and set down within the reserved area on the same journey.

11 Where part of the route of a service to which this Part of this Schedule applies lies outside the reserved area, then—

(a) any local authority within whose area any part of that route outside the reserved area lies ; and

(b) any person (other than the undertakers) providing transport facilities along or near that route or any part thereof,

may apply to the licensing authority for public service vehicles for a review by that authority of the fares for the time being charged on that service.

12 Any such application shall be published and notice thereof shall be served on the undertakers.

13 On any such review, if, after considering any objections or other representations which they may receive with respect to the application, and having regard to—

(a) the fares charged by the undertakers on any service on a route lying wholly within the reserved area, being a route along or near that of the service to which the application relates which appears to the licensing authority to be fairly comparable; and

(b) the fares and expenditure of the undertaking as a whole,

the licensing authority are satisfied that the fares on the service in question are unreasonable or result in unfair competition, title licensing authority shall direct, toy means of fixing fares or maximum or minimum fares for the route or stages affected, such variations in the fares for that service as they think reasonable or expedient in all the circumstances, or, if the licensing authority are not so satisfied, they shall dismiss the application.

14 Where a direction of the licensing authority under this Part of this Schedule has come into effect with respect to any service to which this Part of this Schedule applies, then—

(a) the undertakers shall comply with that direction and shall not vary the fares provided for by that direction before the expiration of a period of six months from the date when that direction comes into effect; and

(b) the licensing authority shall not consider any further application with respect to that service made before the expiration of the said period ;

and where the licensing authority have dismissed any application under this Part of this Schedule, they shall not consider any further application thereunder with respect to the same service made before the expiration of a period of six months from the date of their decision.

15 In this Part of this Schedule, the expression " fares " includes charges for the carriage of dogs or other animals, luggage, parcels, or other goods or articles, and the expression " local authority" means the council of any county, county borough, non-county borough, urban district or rural district or, in Scotland, a county or town council.