Transport Act 2000

9 (1) Section 15 (modification following report) is amended as follows.

(2) In subsection (1) (duty of Regulator to modify)—

(a) for “Where” substitute “This section applies where”, and

(b) omit the words following paragraph (d).

(3) After that subsection insert—

“(1A) Where the report is made to the Regulator he shall, subject to the following provisions of this section and to section 15A below, make such modifications of the conditions of the licence as appear to him requisite for the purpose of remedying or preventing the adverse effects specified in the report.

(1B) Where the report is made to the Authority it shall, subject to the following provisions of this section and to section 15A below, require the Regulator to make such modifications of the conditions of the licence as appear to it requisite for the purpose of remedying or preventing the adverse effects specified in the report.”

(4) In subsection (2) (Regulator to have regard to modifications specified in report)—

(a) after “making” insert “, or requiring the making of,”, and

(b) after “Regulator” insert “, or Authority,”.

(5) In subsection (3) (notice by Regulator), for “this section” substitute “subsection (1A) above”.

(6) After that subsection insert—

“(3A) Before requiring the Regulator to make modifications under subsection (1B) above, the Authority shall give notice—

(a) stating that it proposes to require the making of the modifications and setting out their effect,

(b) stating the reasons why it proposes to require the making of the modifications, and

(c) specifying the period (not being less than 28 days from the date of publication of the notice) within which representations or objections with respect to the proposed modifications may be made,

and shall consider any representations or objections which are duly made and not withdrawn.”

(7) In subsection (4) (giving of notice)—

(a) after “(3)” insert “or (3A)”, and

(b) after “the Regulator” insert “, or the Authority,”.

(8) In subsection (5) (Regulator to send copy of modifications to Health and Safety Executive), after “to” insert “the Authority and”.