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).