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Transport Act 1985

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This is the original version (as it was originally enacted).

8(1)Where the prescribed particulars of a local service have been registered with a traffic commissioner under paragraph 7 above and an application is made to him for the variation or cancellation of the registration, he shall vary or (as the case may be) cancel the registration if he is satisfied that the application falls within one of the Cases mentioned in sub-paragraph (2) below.

(2)The Cases are—

Case 1 Where—

(a)the application is made by the operator of the service to which the registration relates ;

(b)the application is received by the traffic commissioner at any time before 1st March 1986 ; and

(c)the prescribed requirements are satisfied in relation to the application. Case 2 Where

(a)the application is made by the operator of the service to which the registration relates ;

(b)the application is received by the traffic commissioner at any time during the period beginning with 1st March 1986 and ending with 31st July 1986 ;

(c)the application is supported in writing, in accordance with sub-paragraph (3) below, by each relevant authority ; and

(d)in the case of an application for variation, a service operated in accordance with the particulars as proposed to be varied would not amount to a service improved by comparison with a service operated in accordance with the particulars as registered. Where a relevant authority have refused to support the application but the traffic commissioner is of the opinion that no such authority acting reasonably would have refused to support it he may, at the request of the applicant, proceed as if paragraph (c) of this Case were omitted. Case 3 Where the application—

(a)is for the variation of the registered particulars;

(b)is made by the operator of the service to which the registration relates ;

(c)is received by the traffic commissioner at any time during the period beginning with 1st March 1986 and ending with 25th October 1986 ; and

(d)is supported in writing, in accordance with sub-paragraph (4) below, by each relevant authority.

(3)Where a relevant authority are asked by the operator of a local service to provide written support, in accordance with this sub-paragraph, for an application for the variation or cancellation of the registration of the prescribed particulars of the service, the authority shall do so if, but only if, they are satisfied—

(a)that any demand which would have been met by a service operated in accordance with the registered particulars would be met—

(i)by a service operated in accordance with the particulars as proposed to be varied ; or

(ii)by another service the particulars of which have been registered under paragraph 7 above ; or

(b)that there has been a change of circumstances—

(i)which seriously impairs the ability of the operator of the service to operate it in accordance with the registered particulars; and

(ii)which could not reasonably have been foreseen by him.

(4)Where a relevant authority are asked by the operator of a local service to provide written support, in accordance with this sub-paragraph, for an application for the variation of the registration of the prescribed particulars of the service, the authority may do so if they are satisfied—

(a)that a variation of the particulars of the service is desirable in the interests of producing a pattern of service which is better suited to meeting the public transport requirements of their area ; and

(b)where a service operated in accordance with the particulars as proposed to be varied would amount to a service improved by comparison with a service operated in accordance with the particulars as registered, that any demand met by the improvement to the service could not be met by any other local service if the improvement were not made.

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