Deregulation and Contracting Out Act 1994

56 Fees

For section 89 of the 1968 Act there shall be substituted—

“89 Fees

(1) Such fees, payable at such times, and whether in one sum or by instalments, as may be prescribed shall be charged by the licensing authority in respect of—

(a) applications for or for the variation of operators' licences;

(b) the issue or variation of operators' licences;

(c) the continuation in force of operators' licences;

(d) any arrangements made with the holder of an operator’s licence to treat the licence for certain administrative purposes as if it were two or more licences.

(2) The licensing authority may decline to proceed with—

(a) any application for or for the variation of an operator’s licence; or

(b) the issue or variation of any operator’s licence,

until any fee or instalment of a fee in respect of the application, issue or variation (as the case may be) is duly paid.

(3) If, in the case of any application for or for the variation of an operator’s licence, any fee or instalment of a fee in respect of the application or the issue or variation of the licence is not duly paid by the prescribed time—

(a) the application shall be treated as withdrawn at that time; and

(b) any decision made or direction given on the application, and any licence issued or variation effected in pursuance of such a decision or direction, ceases to have effect or terminates at that time.

(4) If any fee or instalment of a fee in respect of the continuation in force of an operator’s licence is not duly paid by the prescribed time, the licence terminates at that time.

(5) The licensing authority may, if he considers there to be exceptional circumstances that justify his doing so, in any case where subsection (3) or (4) of this section has applied, direct that as from the time mentioned in that subsection its effect in that case be disregarded.

(6) Where, by virtue of such a direction, the effect of subsection (3)(a) of this section is to be disregarded in any case, any termination—

(a) of a licence under section 67A(4)(b) or (5) of this Act; or

(b) of a direction under section 68A(4) of this Act,

by virtue of the operation of subsection (3)(a) in that case before the direction was given shall be cancelled with effect from the same time.

(7) Where such a direction is given in respect of an operator’s licence—

(a) any condition attached to the licence under section 66 of this Act shall be treated as having been of no effect during the period beginning with the time the licence terminated by virtue of subsection (3) or (4) of this section and ending with the time the direction comes into force; and

(b) subject to paragraph (a) of this subsection, the licensing authority may vary any such condition as it applies in relation to events occurring before the direction comes into force.

(8) All fees payable under this Part of this Act shall be paid into the Consolidated Fund in such manner as the Treasury may direct.”