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Transport Act (Northern Ireland) 1967

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6 F1Functions as to grant of road service licences.N.I.

(1)The Ministry shall, in deciding whether to grant or refuse to grant a road service licence or to attach conditions to any such licence, have regard to the interests of persons likely to use the service to be provided under the licence and those of persons holding other road service licences, and in particular shall have regard (where appropriate) to the following matters:—

(a)the suitability of the routes on which the service may be provided under the licence;

(b)the extent, if any, to which the needs of persons likely to use the service to be provided are already adequately and economically served;

(c)any previous conduct of the applicant as a person providing facilities for the carriage of passengers for reward;

(d)the revocation or suspension of any road service licence held at any time by the applicant or where the applicant has or had a controlling interest in a body corporate to any refusal to grant a road service licence to, or revocation or suspension of a road service licence held by, that body corporate;

(e)where the applicant is an agent or nominee of any other person, any previous conduct of that person as a person providing facilities for the carriage of passengers for reward;

(f)where the applicant is an agent or nominee of any other person, the revocation or suspension of any road service licence held at any time by that other person;

(g)where the applicant is a body corporate, the refusal to grant a road service licence to, or the revocation or suspension of any road service licence held at any time by—

(i)any other body corporate having at the time of the application any controlling interest in the body corporate applying for the licence or in which the body corporate applying for the licence has any controlling interest;

(ii)any director of, or any shareholder having a controlling interest in, the body corporate which is applying for the licence or in such other body corporate as is mentioned in sub-paragraph (i);

(h)the general effect which the grant of the licence would be expected to have on the holders of other road service licences and on the facilities being provided under such licences for the carriage of passengers by road;

(i)the need for ensuring fair competition among persons providing facilities in Northern Ireland for the carriage for reward of passengers by road.

(2)In addition to the matters specified in subsection (1) the Ministry shall take into consideration any recommendations made by[F2 the Council], any representations which may be made by persons who are already providing facilities for the carriage of passengers for reward on any road along or near the routes the subject of the application or any part of those routes and any representations made by a local authority or the Northern Ireland Tourist Board.

(3)Where the Ministry is not satisfied that an application for a road service licence should be granted the Ministry shall refer the matter to[F2 the Council] and shall, before deciding whether or not to grant the application, take into account any recommendation made by[F2 the Council] with respect to the application, and in making any such recommendation[F2 the Council] shall have regard to the matters specified in subsections (1) and (2).

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F1mod. by SR 1981/199; 1987/187,383

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