The Transport (Scotland) Act 2001 (Conditions attached to PSV Operator’s Licence and Competition Test for Exercise of Bus Functions) Order 2001

Application to Director for decision

5.—(1) If an application is made under article 4 by the authority or authorities by whom a relevant function has been exercised or is proposed to be exercised, it or they must inform any operators of local services who, in the opinion of the authority or authorities, are or are likely to be affected by the exercise of the function that the application has been made.

(2) If an application is made under article 4 by an operator of local services, that operator must inform the authority or authorities by whom the relevant function has been exercised or is proposed to be exercised that the application has been made.

(3) The Director must arrange for an application made under article 4 to be published in such a way as the Director thinks most suitable for bringing it to the attention of those likely to be affected by it, unless the Director is satisfied that it will be sufficient for the Director to seek information from one or more particular persons.

(4) The Director may at any time decide not to consider, or further consider, an application made under article 4 if–

(a) the Director is of the opinion that the Director has not been provided with sufficient information to do so by the person or persons by whom the application was made; or

(b) article 5(1) or (2) has not been complied with.

(5) In determining an application made under article 4, the Director must take into account any representations made to the Director about the application.