25 Interim variations.E+W+S
(1)On an application for the variation under section 17 of an operator’s licence, if the applicant so requests [F1a traffic commissioner may, before the application has been determined,] vary the licence by giving an interim direction in respect of it.
(2)An interim direction is a direction under section 17(1) that is expressed to continue in force until it ceases to have effect under subsection (3) or (4) below.
(3)If on determining the application [F2a traffic commissioner] varies the licence by giving a direction in the terms applied for and does not also under section 21(1) or (2) or 23(1) or (3) attach or vary any conditions, the interim direction shall cease to have effect on the date on which the direction given on the application comes into force.
(4)If subsection (3) does not apply, the interim direction shall cease to have effect on the date on which the application is finally disposed of or such earlier date as the applicant may specify in a written request to [F3a traffic commissioner] .
(5)Where, in a case within subsection (4), on determining the application [F4a traffic commissioner] gives a direction varying the licence, that direction shall be of no effect before the interim direction ceases to have effect.
(6)A request for an interim direction to be given—
(a)shall not be treated as an application for the variation of an operator’s licence for the purposes of section 17(3) or 37 or Schedule 4, but
(b)shall be treated as such an application for the purposes of any other provision of this Act.
(7)The reference in subsection (4) to the date on which an application is finally disposed of is to be construed in accordance with section 24(9).
Textual Amendments
F1Words in s. 25(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. 25(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)
F3Words in s. 25(4) 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)
F4Words in s. 25(5) 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)