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Variation of licencesN.I.

Publication of notice of applications for variation [F1of heavy goods vehicle licences] in any locality affectedN.I.

17—(1) Subject to subsection (4), [F2in relation to a heavy goods vehicle licence,] the Department shall refuse an application for any of the directions mentioned in subsection (2) without considering the merits unless it is satisfied that subsection (3) has been complied with in respect of each locality affected by the application.

(2) The directions referred to in subsection (1) are—

(a)any direction under section 16(1)(a) that a maximum number [F3of heavy goods vehicles] specified in a [F4heavy goods vehicle] licence under section 5 be increased;

(b)any direction under section 16(1)(c) or (e) [F5that has the effect of authorising the use of a heavy goods vehicle] ;

(c)any direction under section 16(1)(g) that a new place be specified in a [F6heavy goods vehicle] licence as an operating centre of the licence-holder; and

(d)any direction under section 16(1)(h) or (i) which might result in a material change in the use of any operating centre of the licence-holder.

(3) This subsection has been complied with in respect of a locality affected by an application [F7for the variation of a heavy goods vehicle licence] if, within the period beginning 21 days before the date on which the application is made and ending 21 days after that date, notice of the application in such form and containing such information as may be prescribed has been published in one or more local newspapers circulating in the locality.

(4) The Department is not required by this section to refuse an application if—

(a)it is satisfied as mentioned in subsection (1), except that the form or contents of the notice of application as published in any newspaper did not comply with the prescribed requirements; and

(b)it is satisfied that no person's interests are likely to have been prejudiced by the failure to comply with those requirements.

(5) For the purposes of this section a locality is affected by an application for the variation of [F8a heavy goods vehicle] licence if—

(a)it contains any place that will be an operating centre of the licence-holder if the application is granted; or

(b)it contains an existing operating centre of the licence-holder and—

(i)the granting of the application would or could result in an increase in the number of [F9heavy goods] vehicles, or the number of [F9heavy goods] vehicles above a certain weight, that have that centre as their operating centre; or

(ii)any undertaking recorded in, or condition attached to, the licence that the application seeks to have varied or removed relates to that centre.

Textual Amendments

Commencement Information

I1S. 17 in operation at 22.6.2012 for specified purposes by S.R. 2012/247, art. 2, Sch.

I2S. 17 in operation at 1.7.2012 in so far as not already in operation by S.R. 2012/262, art. 2 (with arts. 4-6)