The Public Service Vehicles (Registration Restrictions) (England and Wales) Regulations 2009
2.—(1) The Public Service Vehicles (Registration Restrictions) (England and Wales) Regulations 2009 are amended as follows.
(2) In regulation 6 (period of notice for purposes of section 6 of the 1985 Act)—
(a)in paragraphs (1) and (5), for “Where” substitute “Subject to paragraph (7), where”;
(b)in paragraph (2), for “Unless” substitute “Subject to paragraph (7), unless”;
(c)in paragraph (4), for “The” substitute “Subject to paragraph (7), the”;
(d)after paragraph (6) insert the following—
“(7) Where a franchising application is—
(a)received after section 123J(2) of the 2000 Act has effect in relation to an area to which a franchising scheme relates and in which the service has a stopping place; and
(b)is accepted by a traffic commissioner before the cut-off date,
the period or date determined by a traffic commissioner in accordance with this regulation must not end, or be a date, earlier than the latest date, and paragraph (5) does not apply.
(8) For the purposes of this regulation—
“the 2000 Act” means the Transport Act 2000;
“cut-off date” means the date that is 70 days before the latest date;
“expansion notice” means a notice of a decision to vary a franchising scheme pursuant to section 123M(1) of the 2000 Act (variation of scheme) by adding an area to the area to which a franchising scheme already relates;
“excepted service” means a local service which is excepted from regulation arising because of a franchising scheme by any provision of that scheme that is made under section 123H(5) of the 2000 Act;
“exempt service” means a service using a vehicle under a permit granted under section 22 of the 1985 Act (community bus permits);
“franchising application” means a relevant application in respect of a service which—
has one or more stopping places in an area to which a franchising scheme relates;
is not an excepted service in every such area; and
is not an exempt service;
“franchising scheme” has the same meaning as in section 123A(3) of the Transport Act 2000; and
“latest date” means the latest date on which any area in which a service has a stopping place ceases to be part of a franchising scheme as a result of a variation of a scheme pursuant to section 123M(1) of the 2000 Act or as a result of a revocation of a scheme pursuant to section 123N(1) (revocation of a scheme) of that Act.”.