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4.—(1) Subject to paragraph (2) and regulations 7 and 8, the period of notice prescribed for the purposes of section 6(3)(a) of the 1985 Act in respect of an application to which this Part applies is—
(a)28 days in the case of a community bus service(1), or
(b)56 days in the case of any other service(2),
commencing on the date on which the traffic commissioner accepts the application.
(2) In the circumstances described in paragraph (3), section 6(3) of the 1985 Act has effect as if paragraph (a) and the words “if longer,” at the beginning of paragraph (b) of that subsection were omitted.
(3) The circumstances are that—
(a)a person has applied to vary or cancel a registration with the effect that affected local services are to cease to be provided by that person before the coming into force of a quality contract;
(b)a person has applied to register particulars of local services (“new local services”) which are the same as or similar to the affected local services described in sub-paragraph (a); and
(c)the new local services described in sub-paragraph (b) will be provided under an agreement entered into by an authority responsible for expenditure on public passenger transport services by reason of the impending cessation of the affected local services.
(4) For the purposes of this regulation—
“affected local services” means services which, on the coming into force of a quality contract, the person providing those services would be required by virtue of section 129(1)(b) of the 2000 Act to cease to provide; and
“authority responsible for expenditure on public passenger transport services” takes the meaning given in section 88(8) of the 1985 Act(3).
The term “community bus service” is defined in section 22(1) of the Transport Act 1985. This definition was amended by section 59(1) and (2) of the Local Transport Act 2008.
The term “service” is defined for the purposes of section 6 of the Transport Act 1985 in subsection (1) of that section.
Section 88(8) was amended by S.I. 2003/1615, article 2 and Schedule 1, Part 1 paragraph 12(1) and (3). There are other amendments but none is relevant.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
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