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Transport Act 1985, Section 27 is up to date with all changes known to be in force on or before 31 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)Before attaching any condition to a PSV operator’s licence under section 26 of this Act, a traffic commissioner shall hold an inquiry [F1if a request for an inquiry has been received by a traffic commissioner (within the prescribed period)] from the holder of, or (as the case may be) applicant for, the licence.
(2)Subsection (1) above shall not apply where the traffic commissioner is satisfied that the condition should be attached without delay.
(3)Where, in reliance on subsection (2) above, a traffic commissioner attaches any such condition to a PSV operator’s licence without first holding an inquiry, [F2he or another traffic commissioner] shall hold one as soon as is reasonably practicable [F2if a request for a traffic commissioner to do so is made to a traffic commissioner, before the end of such period as may be prescribed, by the holder of the licence].
(4)For the purposes of section 16(5) of the 1981 Act (traffic commissioner’s power to vary or remove conditions attached under section 16(3) of that Act to a PSV operator’s licence), a condition attached under section 26 of this Act shall be treated as attached under section 16(3) of that Act.
(5)Nothing in section 26 shall be taken as prejudicing the generality of the power under that Act to prescribe descriptions of conditions for the purposes of section 16(3) of that Act.
Textual Amendments
F1Words in s. 27(1) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 1 (with arts. 1(3), 2, 7)
F2Words in s. 27(3) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 1 (with arts. 1(3), 2, 7)
Modifications etc. (not altering text)
C1S. 26-30 applied (28.7.1998) by 1998 c. iii, s. 1, Sch. s. 54 of Order
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