Transport Act 1968

Prospective

F1 3 (1) Where in the case of an application for the variation of an operator’s licence under section 68 of this Act—

(a) the only direction applied for is one under subsection (1)(g) of that section that one or more new places be specified in the licence as an operating centre of the licence-holder;

(b) the requirements of sub-paragraphs (2) to (5) of this paragraph are satisfied at the time when the application is made; and

(c) the applicant so requests,

the licensing authority may direct that paragraph 4 of this Schedule is to apply in relation to the application.

(2) Each new place that is proposed to be specified in the licence must already be specified in another operator’s licence as an operating centre of its holder.

(3) That other licence must be the same in the case of each such place, and no such place may be specified in more than the one other operator’s licence.

(4) Where any conditions under section 64B or 69C of this Act relating to any such place are attached to that other licence, the applicant must have consented to conditions in the same terms being attached to the licence he is applying to have varied.

(5) Where any undertakings relating to any such place are recorded in that other licence, undertakings in the same terms must have been given by the applicant (or have been procured by him to be given) for the purposes of the application.

(6) In determining whether to give a direction under this paragraph, the licensing authority shall take account of whether any new adverse effects on environmental conditions are likely to arise from the use as an operating centre of the applicant of any such place (and may take account of any other matters he considers relevant).

(7) In this paragraph “operator’s licence” does not include a licence granted under section 67A of this Act, and the reference in sub-paragraph (2) to a place being specified in an operator’s licence does not include a place being so specified—

(a) by virtue of an interim direction such as is mentioned in section 68A of this Act;

(b) if such conditions as may be prescribed in relation to the exercise of the right of any person to appeal against that place being so specified are not satisfied;

(c) if such conditions as may be prescribed in relation to the review under section 69J of this Act of the decision so to specify that place are not satisfied; or

(d) by reason of being situated within a place that is so specified.

Textual Amendments

F1 Sch. 8A inserted (prosp.) by 1994 c. 40, ss. 50(2), 82(2), Sch. 12