SCHEDULES
F1SCHEDULE 4
Part I Provisions Inserted After Section 69 of the Transport Act 1968
Control of operating centres for goods on environmental grounds
69G Provisions supplementary to sections 69A to 69F.
1
Any objection or representations under section 69B or 69D of this Act shall contain particluars of any matters alleged by the person making the objection or representations to be relevant to the determination of the licensing authority to which the objections or representations relate; and the onus of proof of any matters so alleged shall lie on the person making the objection or representations.
2
Any objection or representations under either of those sections with repsect to any application for, or for the variation of, an operator’s licence shall be made within the prescribed time and in the prescribed manner, which—
a
may differ for representations from that prescribed for objections; and
b
shall in either case be stated in the notice of the application published under section 63(1) of this Act or (as the case may be) under section 68(4) or 69D(3) of this Act.
3
In making any of the following determinations, that is to say—
a
any determination with respect to the suitability of any place on environmental grounds for use as an operating centre for authorised vehicles under an operator’s licence;
b
any determination with respect to attaching any condition under section 69C of this Act to an operator’s licence or varying or removing any condition so attached;
c
any determination with respect to the effect on environmental conditions in any locality of the use in any particluar manner of any operating centre of the holder of an operator’s licence;
the licensing authority shall have regard to such considerations as may be prescribed as relevant to determinations of that description.
4
In making anny such determination for the purposes of exercising any of his powers under sections 69B to 69D of this Act in relation to an application for, or for the variation of, an operator’s licence, the licensing authority shall also have regard to—
a
any information supplied by the applicant in accordance with section 68, 69A or 69D of this Act; and
b
any objections or representations duly made under section 69B or 69D.
5
Any statement or information to be given to a licensing authority under section 69A or 69D of this Act shall be given in such form as the authority may require.
6
For the purposes of sections 69D(5)(b) and 69E(3) of this Act an application for a variation of an operator’s licence shall be taken to relate to an operating centre of the holder of the licence if any condition attached to the licence which the application seeks to have varied or removed relates to that centre.
Sch. 4 repealed (1.1.1996) by 1995 c. 23, s. 60(2), Sch. 8 Pt. I (with ss. 54, 55); S.I. 1995/2181, art. 2