The Public Service Vehicles (Registration of Local Services in Enhanced Partnership Areas) (England) Regulations 2019

Local Transport Authority cancelling a service registration under section 6E(2) of the 1985 Act

9.—(1) This regulation applies where, in relation to an enhanced partnership scheme, the relevant registration functions of a traffic commissioner have been delegated in accordance with section 6G of the 1985 Act.

(2) If the local transport authority considers that the registration of a service should be cancelled under section 6E(2) of the 1985 Act, the local transport authority must send to the operator of the service and every other relevant local transport authority any part of whose area, would in the opinion of the local transport authority, be affected, a notice of intention to cancel the registration of the service.

(3) A notice of intention to cancel under paragraph (2) must contain the information specified in Part 1 of the Schedule.

(4) Within the period of 10 working days of the day on which a notice of intention to cancel under paragraph (2) is given, an operator may send a notice of compliance regarding that service to the local transport authority, and if it does so must also send a copy of the notice to every relevant local transport authority at the same time.

(5) A notice of compliance under paragraph (4) must contain the information specified in Part 2 of the Schedule.

(6) The local transport authority must notify the operator of the service of the decision under section 6E(2) of the 1985 Act on whether it will cancel the registration of a service—

(a) where a notice of compliance relating to that service is given under paragraph (4), within the period of 10 working days beginning with the day on which that notice is given; or

(b) where such a notice of compliance is not given, within the period of 20 working days beginning with the day on which it gives the notice of intention to cancel under paragraph (2).

(7) A notification under paragraph (6) must contain the information specified in Part 3 of the Schedule.

(8) Within the period of 10 working days beginning with the day on which the local transport authority gives a notification under paragraph (6) it must publish it.

(9) The cancellation of the registration of a service under section 6E(2) of the 1985 Act is to take effect on the first Monday after the period of 28 days beginning with the day on which the section 6E(2) decision notification is given under paragraph (6).

(10) The cancellation of the registration of a service under section 6E(2) of the 1985 Act must be postponed if that decision is appealed.

(11) If the cancellation of the registration of a service is—

(a) upheld following an appeal—

(i) the local transport authority must send a revised decision notification to the operator within the period of five working days beginning with the day on which the appeal is decided, stating whether the registration of that service is to be cancelled; and

(ii) if the revised decision notification sent under paragraph (i) states that the local transport authority will cancel the registration of the service, the cancellation must take effect on the first Monday after the period of 14 days beginning with the day on which the notification is given;

(b) not upheld following an appeal, the registration of the service remains effective.

(12) A revised decision notification under paragraph (11)(a)(i) must contain at least the information specified in Part 3 of the Schedule.

(13) The local transport authority must publish the revised decision notification within the period of 10 working days beginning with the day on which it gives it under paragraph (11)(a)(i).

(14) The local transport authority may postpone the cancellation of the registration of a service under section 6E(2) of the 1985 Act for up to 70 days if it is satisfied that it is necessary to do so to ensure the continuity of the service.

(15) The local transport authority may revoke the cancellation of the registration of the service under section 6E(2) of the 1985 Act if it is satisfied that it is in the best interests of passengers to do so.

(16) Where a local transport authority postpones or revokes a cancellation under paragraph (14) or (15), it must—

(a) notify the operator—

(i) that it has done so; and

(ii) in the case of a postponement, the date to which the cancellation is postponed; and

(b) publish the notification within the period of 10 working days beginning with the day on which it gives it.