Transport Act 1968

[F1 Operators’ licences: supplementary provisions] E+W+S

Textual Amendments

F1 Crossheading inserted (3.1.1995) by 1994 c. 40, s. 51; S.I. 1994/3188, arts. 2, 3(g)

F2 69I Assessors. E+W+S

(1) In considering any financial question which appears to him to arise in relation to the exercise of his functions under this Part of this Act or M1 the Goods Vehicles (Operators’ Licences, Qualifications and Fees) Regulations 1984, the licensing authority may be assisted by an assessor drawn from a panel of persons appointed for that purpose by the Secretary of State.

(2) The Secretary of State shall pay to any such assessor in respect of his services such remuneration as may be determined by the Secretary of State with the consent of the Treasury.

Textual Amendments

F2 S. 69I inserted (3.1.1995) by 1994 c. 40, s. 51; S.I. 1994/3188, arts. 2, 3(g)

Marginal Citations

M1 S.I. 1984/176.

Prospective

[F3 69J Review of decisions. E+W+S

(1) Subject to subsection (2) of this section, the licensing authority may review and, if he thinks fit, vary or revoke any decision of his to grant or refuse—

(a) an application for an operator’s licence; or

(b) an application for the variation of such a licence in a case where section 68(4) of this Act required notice of the application to be published,

if he is satisfied that a procedural requirement imposed by or under any enactment has not been complied with in relation to the decision.

(2) The licensing authority may only review a decision under subsection (1) of this section—

(a) if, within such period after taking the decision as may be prescribed, he has given notice to the applicant or (as the case may be) the licence-holder that he intends to review the decision;

(b) if, within that period, a person who appears to him to have an interest in the decision has requested him to review it; or

(c) where neither paragraph (a) nor paragraph (b) of this subsection applies, if he considers there to be exceptional circumstances that justify the review.

(3) Regulations may make provision as to the manner in which notices under subsection (2)(a) of this section are to be or may be served, including provision as to the circumstances in which and time at which any such notice is to be treated as having been duly served (whether or not it has in fact been served).

(4) The variation or revocation of a decision under this section shall not make unlawful anything done in reliance on the decision before the variation or revocation takes effect.]

Textual Amendments

F3 S. 69J inserted (prosp.) by 1994 c. 40, ss. 52, 82(4)

70 Rights of appeal in connection with operators’ licences. E+W+S

(1) Subject to subsection (2) of this section, a person who—

(a) being an applicant for, or for the variation of, an operator’s licence, is aggrieved by the refusal of the application or, as the case may be, by the terms or conditions of the licence or of the variation; or

(b) being the holder of an operator’s licence in respect of which, or a person in respect of whom, [F4 or the holder of an operator’s licence which specifies a motor vehicle in respect of which ]a direction or order has been given or made under section 61(6) or 69(1) to [F5 (7A)][F6 or 69F(1)] of this Act, is aggrieved by that direction or order, or

(c) having duly made an objection to an application for, or for the variation of, an operator’s licence, is aggrieved by the grant of the application,

may appeal to the Transport Tribunal.

(2) No appeal shall lie under the foregoing subsection on the ground that a direction has been given under subsection (3) of section 67 of this Act if it has been given by virtue of paragraph (b) of the said subsection (3).

Textual Amendments

F4 Words inserted by Road Traffic Act 1974 (c. 50), Sch. 4 para. 5

F5 Word substituted by Road Traffic Act 1974 (c. 50), Sch. 4 para. 5

F6 Words inserted by Transport Act 1982 (c. 49, SIF 126), Sch. 4 Pt. II para. 4