2A

Where—

a

any registration restrictions imposed under section 114(3A) of the Transport Act 2000 (quality partnership schemes) are in force, and

b

an application for registration is made in respect of a service in relation to which those restrictions have effect,

section 6A of this Act has effect in relation to the application.

6AApplications for registration etc where restrictions are in force

1

This section applies in any case where—

a

any registration restrictions imposed under section 114(3A) of the Transport Act 2000 are in force in the case of a quality partnership scheme (“the scheme”);

b

an application for registration, or for variation or cancellation of registration, is made under section 6 of this Act to a traffic commissioner in respect of a local service in relation to which those restrictions have effect; and

c

the application is one which would fall to be accepted by the traffic commissioner, apart from this section.

2

In any such case the traffic commissioner, before deciding whether or not to accept the application, must give to—

a

each relevant authority, and

b

each relevant operator,

a notice complying with subsection (3) below.

3

The notice must—

a

identify the application and state that it has been made;

b

provide prescribed particulars of the application;

c

inform the persons to whom it is required to be sent of the right of each of them to make relevant representations to the traffic commissioner about the application.

4

If no relevant representations are made, the application is to be accepted.

5

If any relevant representations are made by a relevant authority or a relevant operator, the traffic commissioner must decide whether the effect of accepting the application would be detrimental to the provision of local services under the scheme.

6

The traffic commissioner may decide that question only after—

a

considering those representations;

b

taking account of any other relevant applications and any relevant representations made in relation to those applications;

c

holding such inquiries under section 54 of the 1981 Act as the traffic commissioner may think fit; and

d

applying the registration criteria.

7

If the traffic commissioner decides that the effect of accepting the application would not be detrimental to the provision of such services, the application is to be accepted.

8

If subsection (7) above does not apply, the traffic commissioner may do any one or more of the following—

a

refuse to accept the application;

b

require the applicant to amend the application in such respects as the traffic commissioner may require before submitting it again;

c

if the applicant has not given a written undertaking under section 118(4) of the Transport Act 2000 in relation to the scheme, require the applicant to give such an undertaking before the application may be accepted.

9

An appeal against any decision of a traffic commissioner under this section may be made to the Transport Tribunal by any of the following persons—

a

the person who made the application;

b

any relevant authority that made relevant representations against the application;

c

any relevant operator who made relevant representations against the application.

As respects appeals to the Transport Tribunal, see Schedule 4 to this Act.

10

An appeal lies (in accordance with paragraph 14 of Schedule 4 to this Act) at the instance of any of the persons mentioned in the paragraphs of subsection (9) above from a decision of the Transport Tribunal on an appeal under that subsection.

11

Regulations may be made for the purposes of carrying this section into effect; and the provision that may be made by any such regulations includes provision—

a

as to the procedure for giving notice under subsection (2) above;

b

prescribing the particulars of the application that are to be provided in such a notice;

c

as to the procedure for making relevant representations;

d

as to the procedure to be followed in determining the application.

12

In this section—

• “quality partnership scheme” means a scheme under section 114 of the Transport Act 2000;

• “registration criteria” means the criteria specified in the scheme by virtue of section 114(3C) of the Transport Act 2000;

• “relevant application” means any application under section 6 of this Act—

  1. a

     which is made in respect of a local service in relation to which the registration restrictions have effect, and

  2. b

     which (whenever made) is awaiting the decision of the traffic commissioner;

• “relevant authority” means the authority, or any of the authorities, that made the scheme;

• “relevant operator” means—

  1. a

     any operator of local services who has given an undertaking under section 118(4) of the Transport Act 2000 in respect of the scheme;

  2. b

     any other operator of local services which might be affected if the application were to be accepted;

• “relevant representations” means representations that the effect of accepting the application would be detrimental to the provision of services under the scheme, having regard to the registration criteria.