Transport (London) Act 1969

Section 23.

SCHEDULE 4 Licences or Consents for Certain Existing Services

Right to grant of road service licence or consent for certain existing services

1 Where at any time within the period of twelve months ending with the vesting date the London Board were providing any service by means of public service vehicles, being a service—

(a) the whole of which was provided under a road service licence; or

(b) for the whole or part of which a road service licence was not then, but after that date is, required,

the appropriate traffic commissioners, on an application made before the vesting date by the Executive or, where that service was provided by that part of the Board's undertaking referred to in subsection (2) of section 16 of this Act, by the designated company, shall, subject to the provision by the applicant of any information the commissioners may require for the purpose, forthwith as the case may require either grant or back a road service licence or vary the existing road service licence so as to authorise the continuation of that service for a period of three years after the vesting date by the Executive or, as the case may be, by that company in the same form as before that date ; and nothing in sections 135 to 143 of the Act of 1960 shall apply in relation to any application under this paragraph.

2 Where at any time within the period of twelve months aforesaid the part aforesaid of the London Board's undertaking was providing a London bus service, the Executive, on an application made before the vesting date by the designated company, shall forthwith grant that company a consent to the provision of that service by that company on such terms as to permit the continuation of that service for a period of three years after the vesting date in the same form as before the vesting date.

Continuation of certain consents

3 (1) Where at any time within the period of twelve months aforesaid a London bus service was provided by a person other than the London Board under a consent granted under the [1933 c. 14.] London Passenger Transport Act 1933 or under section 58(2) of the Act of 1962. then, subject to sub-paragraph (2) of this paragraph and to paragraph 11 of this Schedule, that consent, so far as it relates to the provision of that service, shall continue in force after the vesting date as if granted by the Executive under this Schedule, but with the omission of any requirement as to the obtaining of a road service licence and as if any conditions attached to the road service licence in respect of that service in force immediately before the vesting date, so far as those conditions relate to the provision of that London bus service, had been attached by the Executive to the consent.

(2) Where the consent under the said Act of 1933 or the said section 58(2) relates to a bus service part only of which is operated as a London bus service, any term or condition with respect to the carriage of passengers other than those who are both taken up and set down in Greater London subject to which that consent was granted shall be of no effect if or so far as it is inconsistent with any condition for the time being attached to the road service licence under which the service is provided.

Right of certain successors in title to grant of consent

4 Subject to paragraph 11 of this Schedule, where such a consent as is referred to in paragraph 3 of this Schedule granted to any person is continued in force in respect of a London bus service by the said paragraph 3, the Executive shall, on the application of a successor in title to the undertaking of that person so far as it consists of the provision of that service, grant to that successor in title—

(a) except where the consent so continued was permanent, a consent on the like terms ; or

(b) where the consent so continued was permanent, a consent such as to permit the continuation of that service by that successor in title in the same form for a period of one year.

5 Subject to paragraph 11 of this Schedule, while a consent granted by the Executive to any person in respect of a London bus service under paragraph 4 of this Schedule remains in force, the Executive shall on the application of any successor in title to the undertaking of that person so far as it consists of the provision of that service grant a consent on the same terms to that successor in title.

Rights pending grant of road service licence or consent in certain cases

6 Subject to paragraph 11 of this Schedule, as respects any period between the date when an application is duly made under paragraph 1, 2, 4 or 5 of this Schedule and the date of the grant of a licence or consent in pursuance of the application, a licence or consent in the form applied for shall be deemed to have been granted to the applicant on the date of the making of the application.

Right of appeal in connection with consent

7 The person to whom a consent is granted under paragraph 2, 4 or 5 of this Schedule may appeal to the metropolitan traffic commissioners within the prescribed period and in the prescribed manner on the ground that the terms on which the consent is granted do not comply with the requirements of the paragraph in question; and, on such an appeal being made, the commissioners may make such order as they think fit and the Executive shall comply with that order.

Renewal of consent

8 (1) The Executive may, if they think fit, on the application of the holder of any consent continued in force or granted under this Schedule, from time to time renew that consent for a period of one year.

(2) The person by whom an application for the renewal of a consent is made under this paragraph may appeal to the metropolitan traffic commissioners within the prescribed period and in the prescribed manner against any refusal or failure by the Executive to renew that consent; and if on such an appeal being made the commissioners are of the opinion that it would be unreasonable to refuse the application, they may order the Executive to renew the consent either on the same terms or on such other terms as appear to the commissioners to be appropriate and the Executive shall comply with that order.

(3) Where an application is made under this paragraph before the expiry of the consent to which it relates, that consent shall not cease to be in force before the expiration of the period for appealing against a refusal of or failure to grant that renewal or, if such an appeal is duly made, until the appeal is determined or withdrawn.

Variation of terms or conditions of consent

9 (1) The Executive—

(a) may on the application of the holder of any consent continued in force or granted under this Schedule vary any of the terms of, or any condition attached or deemed to be attached to, that consent; and

(b) may at any time without any such application by notice in writing to the holder of such a consent make any reasonable variation of any such term or condition ;

and the Executive shah not unreasonably refuse any application under paragraph (a) of this sub-paragraph ; but no such variation shall be made which affects the carriage of persons other than persons who are both taken up and set down in Greater London.

(2) The holder of any such consent as aforesaid may appeal to the metropolitan traffic commissioners within the prescribed period and in the prescribed manner against any refusal or failure by the Executive to make a variation of a term or condition applied for under sub-paragraph (1)(a), or against any such variation made under sub-paragraph (1)(b), of this paragraph; and, on such an appeal being made, the commissioners may make such order as they think fit and the Executive shall comply with that order.

(3) A variation of which notice is given under sub-paragraph (1)(b) of this paragraph shall not take effect until the expiration of the period for appealing against that variation or, if such an appeal is duly made, until the appeal is determined or withdrawn.

Variation of route of service to which consent relates

10 Where, in the case of any bus service in respect of which a consent continued in force or granted under this Schedule is in force, the authorised route for that service becomes impracticable but a variation of a minor nature only in that route would enable that service to be continued in substantially the same form, paragraph 9 of this Schedule shall apply to that variation of that route, so far as it lies in Greater London, as it applies to the variation of such a term or condition as is mentioned in that paragraph, but as if sub-paragraph (3) of that paragraph were omitted.

Loss of right to, or cancellation of, consent in certain cases

11 A person shall not be entitled to the grant by the Executive of a consent under this Schedule with respect to any London bus service if that person has entered into an agreement with the Executive with respect to that service under section 23(2) of this Act; and where a person has entered into such an agreement with the Executive with respect to any London bus service, any consent with respect to that service continued in force or granted under this Schedule shall be regarded as cancelled.

Power to cancel consent in certain circumstances

12 (1) A consent continued in force or granted under this Schedule may be cancelled at any time by the Executive on the ground that any of the terms of, or any condition attached or deemed to be attached to, that consent has been contravened; but, save in accordance with paragraph 11 of this Schedule, such a consent shall not be cancelled on any other ground; and the Executive shall not cancel a consent under this paragraph unless owing to the frequency of the breach of the term or condition in question, or to the breach having been committed wilfully, or to the danger to the public involved in the breach, the Executive are satisfied that the consent should be cancelled.

(2) The holder of such a consent as aforesaid which is cancelled under this paragraph may appeal against the cancellation within the prescribed period and in the prescribed manner to the metropolitan traffic commissioners, and on any such appeal the commissioners may make such order as they think fit and the Executive shall comply with that order.

(3) A cancellation of a consent under this paragraph shall not take effect until the expiration of the period prescribed for appealing against the cancellation or, if such an appeal is duly made, until the appeal is determined or withdrawn.

Interpretation

13 In this Schedule—

• " metropolitan traffic commissioners " means the traffic commissioners for the Metropolitan Traffic Area ;

• " prescribed " means prescribed by regulations made by the Minister.