10—(1) Subject to subsection (3), the Department shall refuse the application [F2for a heavy goods vehicle licence] without considering the merits unless it is satisfied that subsection (2) has been complied with.
(2) This subsection has been complied with in respect of a locality affected by an application [F3for a heavy goods vehicle licence] if, within the period beginning 21 days before the date on which the application is made and ending 21 days after that date, notice of the application in such form and containing such information as may be prescribed has been published in one or more local newspapers circulating in the locality.
(3) The Department is not required by this section to refuse an application [F4for a heavy goods vehicle licence] if—
(a)it is satisfied as mentioned in subsection (1), except only that the form or contents of the notice of application as published in any newspaper did not comply with the prescribed requirements, and
(b)it is satisfied that no person's interests are likely to have been prejudiced by the failure to comply with those requirements.
(4) For the purposes of this section a locality is affected by an application for [F5a heavy goods vehicle] licence if it contains any place that will be an operating centre of the licence-holder if the application is granted.
Textual Amendments
F1Words in cross-heading heading inserted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 79(1)
F2Words in s. 10(1) inserted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 79(2)
F3Words in s. 10(2) inserted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 79(3)
F4Words in s. 10(3) inserted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 79(4)
F5Words in s. 10(4) substituted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 79(5)
Commencement Information
I1S. 10 in operation at 22.6.2012 for specified purposes by S.R. 2012/247, art. 2, Sch.
I2S. 10 in operation at 1.7.2012 in so far as not already in operation by S.R. 2012/262, art. 2 (with arts. 4-6)