Part 4General provisions relating to passenger transport
Services not operated as registered etc
I162Attachment of conditions to related licences
1
Section 26 of the TA 1985 (conditions attached to PSV operator's licence) is amended as follows.
2
In subsection (1) (which sets out the cases in which the power is exercisable and the power)—
a
for “Where” substitute “
Subsection (1A) below applies in any case where
”
;
b
for the words from “he may” to the end of subsection (1) substitute the subsections set out in subsection (3).
3
The subsections are—
1A
The traffic commissioner may (on granting the licence or at any other time) attach, or direct a traffic commissioner for another traffic area to attach, a condition falling within subsection (1B) below to any one or more of the following PSV operator's licences (wherever granted)—
a
the licence mentioned in subsection (1) above;
b
any other licence held by the operator;
c
where the operator is an undertaking, any licence held by a group undertaking in relation to that undertaking (see subsection (7) below).
1B
The conditions are—
a
a condition prohibiting the holder of the licence from using vehicles under the licence to provide any local service of a description specified in the condition;
b
a condition prohibiting the holder of the licence from so using vehicles to provide local services of any description.
1C
A condition under subsection (1A) may be attached—
a
indefinitely; or
b
for a period of time specified by the traffic commissioner (which may commence immediately or on a date so specified).
4
In subsection (2)—
a
after “attach” insert “
(or direct another commissioner to attach)
”
;
b
for “subsection (1)” substitute “
subsection (1A)
”
;
c
for “that subsection” substitute “
subsection (1) above
”
.
5
After subsection (2) insert—
2A
Where a direction is given under subsection (1A) above to a traffic commissioner for another area, that traffic commissioner must either—
a
attach the condition to the licence; or
b
if he considers that there is a good reason not to attach the condition to the licence, inform the traffic commissioner who gave the direction of that fact and of the reason.
6
In subsection (3), for “subsection (1)” substitute “
subsection (1A)
”
.
7
In subsection (5) (power to impose conditions in certain cases relating to the use of vehicles)—
a
for “Where” substitute “
Subsection (5A) below applies in any case where
”
;
b
for the words from “he may” to the end of subsection (5) substitute the subsections set out in subsection (8).
8
The subsections are—
5A
The traffic commissioner may (on granting the licence or at any other time) attach, or direct a traffic commissioner for another traffic area to attach, to any one or more of the licences mentioned in subsection (5B) below a condition restricting the vehicles which the operator may use under the licence to vehicles specified in the condition.
5B
The licences are the following PSV operator's licences (wherever granted)—
a
the licence mentioned in subsection (5) above;
b
any other licence held by the operator;
c
where the operator is an undertaking, any licence held by a group undertaking in relation to that undertaking (see subsection (7) below).
5C
Where a direction is given under subsection (5A) above to a traffic commissioner for another area, that traffic commissioner must either—
a
attach the condition to the licence; or
b
if he considers that there is a good reason not to attach the condition to the licence, inform the traffic commissioner who gave the direction of that fact and of the reason.
9
In subsection (6)—
a
for “subsection (5)” substitute “
subsection (5A)
”
;
b
in paragraph (a) after “the commissioner” insert “
who attached that condition
”
.
10
At the end of the section insert—
7
In this section “undertaking” and “group undertaking” have the same meaning as in the Companies Acts (see section 1161 of the Companies Act 2006).