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Transport Act 1968

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This is the original version (as it was originally enacted).

3(1)For the avoidance of doubt it is hereby declared that the matters to which the licensing authority is to have regard in exercising his discretion under section 174 of the Act of 1960 do not include any duty imposed upon any of the new authorities by this Act.

(2)For the purposes of section 180 of the Act of 1960 (which relates to carriers' licences for the vehicles of a subsidiary) each of the new authorities shall be deemed to be a company.

(3)Where on a vesting by virtue of this Act a subsidiary of one body becomes a subsidiary of another body, any carriers' licence under Part IV of the Act of 1960 held by the first-mentioned body for a vehicle owned by the subsidiary shall thereafter have (effect as if granted to the second-mentioned body; and for the purposes of the said section 180 the second-mentioned body shall be deemed to have made the application for the licence and to have signified to the licensing authority their desire that the section should have effect as respects the subsidiary.

(4)If, as a result of a transaction effected by any of the new authorities not more than twelve months after the transfer date for a transfer to that authority under section 4, 5 or 28 of this Act and at a time when that authority hold carriers' licences under the said Part IV for vehicles owned by a subsidiary, the subsidiary becomes a wholly-owned subsidiary of a company (hereafter in this sub-paragraph referred to as " the company ") which is itself a wholly-owned subsidiary of that authority, any such licence for a vehicle then owned by the subsidiary shall thereafter have effect as if granted to the company; and for the purposes of the said section 180 the company shall be deemed to have made the application for the licence and to have signified to the licensing authority their desire that the section should have effect as respects the subsidiary.

(5)For the purposes of this paragraph, the provisions of section 51(5) of this Act shall be disregarded.

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