Enhanced partnership plans and schemes
11Registration of local services
1
The Transport Act 1985 is amended as follows.
2
In section 6 (registration of local services), after subsection (2B) insert—
2C
Where—
a
b
an application to register a service, or to vary the registration of a service, is made in respect of a service to which that requirement would apply if the application were granted,
section 6D has effect with respect to the application.
3
In section 6, after subsection (2C) (inserted by subsection (2)) insert—
2D
Where—
a
an enhanced partnership scheme under section 138A of the Transport Act 2000 is in operation,
b
a service is registered, or a registration of a service is varied, under this section, and
c
the requirement is to be recorded with the particulars of the service required to be registered under this section.
4
5
After section 6C (inserted by section 19) insert—
6DApplications for registration where an enhanced partnership scheme is in operation
1
This section applies in any case where—
a
an enhanced partnership scheme under section 138A of the Transport Act 2000 is in operation;
c
an application for registration, or for variation of registration, is made under section 6 of this Act in respect of a local service to which that requirement would apply if the application were granted; and
d
the application is one which would fall to be accepted, apart from this section.
2
A traffic commissioner must refuse the application if—
a
the requirement is an operation requirement, and
b
the traffic commissioner considers that the person who would be the operator of—
i
the service proposed to be provided, or,
ii
the service as proposed to be varied,
is unlikely to be able to comply with that requirement as regards that service.
3
If, where the requirement is a route requirement, the registration, or variation of registration, of the service under section 6 is prevented by regulations under section 6E(6), a traffic commissioner must refuse the application.
4