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PART V E+W+S Miscellaneous and Supplementary

Appeals to the Secretary of StateE+W+S

52 Fees for grant of licences etc.E+W+S

(1)Such fees, payable at such times, and whether in one sum or by instalments, as may be prescribed shall be charged—

(a)by [F1a traffic commissioner] in respect of—

(i)applications for, and the grant of, PSV operators’ licences F2... ;

[F3(ia)applications under section 16(6) of this Act and the grant of such applications;

(ib)the continuation in force of PSV operators’ licences;]

[F4(ii)applications for certificates of initial fitness under section 6 of this Act which are required by regulations to be made to [F5a traffic commissioner] and the issue of certificates on such applications;]

(iii)the issue of operators’ discs under section 18 of this Act;

(iv)applications for, and the issue of, certificates under section 21 of this Act as to repute, professional competence or financial standing; and

(v)applications for, and the issue of, documents required in relation to public service vehicles registered in Great Britain while making journeys to or from places outside Great Britain or in relation to public service vehicles registered outside Great Britain;

[F6(b)by the traffic [F7commissioner] for each traffic area F8... in respect of—

(i)applications for, and the issue of, licences to drive public service vehicles; and

(ii)the provision by the traffic [F7commissioner] F8... of facilities for a person to undergo a test of his competence as a driver in connection with an application by him for a licence to drive a public service vehicle, being a test which he is by virtue of regulations required to undergo in that connection.]

(2)[F9A traffic commissioner] F10... may, if any fee or instalment of a fee due in respect thereof has not been paid, decline to proceed with—

(a)any such application as is mentioned in subsection (1) above;

[F11(b)the grant of any PSV operator’s licence or of any application under section 16(6) of this Act;

(bb)the issue of any certificate, disc or other document referred to in subsection (1) above; or]

[F12(c)the provision of any such facilities as are mentioned in paragraph (b)(ii) of that subsection,]

until the fee or instalment in question has been paid.

[F13(2A)If, in the case of any application for a PSV operator’s licence, any fee or instalment of a fee in respect of the application, the grant of the licence or the issue of operators’ discs under section 18(2) of this Act is not duly paid by the prescribed time—

(a)the application shall be treated as withdrawn at that time;

(b)any decision made on the application ceases to have effect at that time; and

(c)any licence granted in pursuance of such a decision terminates at that time.

(2B)If, in the case of any application under section 16(6) of this Act, any fee or instalment of a fee in respect of the application, the grant of the application or the issue of operators’ discs under section 18(2A) of this Act is not duly paid by the prescribed time—

(a)the application shall be treated as withdrawn at that time;

(b)any decision made on the application, and any variation effected in pursuance of such a decision, ceases to have effect at that time.

(2C)If, in the case of any PSV operator’s licence, any fee or instalment of a fee in respect of—

(a)the continuation in force of the licence; or

(b)the issue of operators’ discs under section 18(2C) of this Act,

is not duly paid by the prescribed time, the licence terminates at that time.

(2D)If any fee or instalment of a fee in respect of any operators’ discs that have been issued under section 18 of this Act is not duly paid by the prescribed time, the discs cease to have effect at that time.

(2E)[F14A traffic commissioner] may, if he considers there to be exceptional circumstances that justify his doing so in any case where subsection (2A), (2B), (2C) or (2D) above has applied, direct that as from the time mentioned in that subsection its effect in that case be disregarded.

(2F)Where [F15a traffic commissioner] has given a direction under subsection (2E) above in respect of a PSV operator’s licence in a case where subsection (2A) or (2C) above has applied, it shall not for the purposes of section 20(1) or (2) of this Act be regarded as having been practicable for the licence-holder to—

(a)report any matter to the Secretary of State; or

(b)give him notice of any alteration,

during the period beginning with the time mentioned in subsection (2A) or (2C) and ending when the direction came into force.]

(3)Any fees received by [F16a traffic commissioner] by virtue of this section F17... shall be paid into the Consolidated Fund in such manner as the Treasury may direct.

(4)F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3S. 52(1)(a)(ia)(ib) inserted (1.1.1996) by 1994 c. 40, s. 66(2); S.I. 1995/2835, art. 2

F8Words repealed by S.I. 1984/31, art. 5(d)(i)

F10Words repealed by S.I. 1984/31, art. 5(d)(ii)

F11S. 52(2)(b)(bb) substituted for s. 52(2)(b) (1.1.1996) by 1994 c. 40, s. 66(3); S.I. 1995/2835, art. 2

F13S. 52(2A)-(2F) inserted (1.1.1996) by 1994 c. 40, s. 66(4); S.I. 1995/2835, art. 2

F18S. 52(4) repealed by S.I. 1984/31, art. 5(d)(iii)

Modifications etc. (not altering text)

C1S. 52: power to modify conferred by 1985 c. 67, s. 6J(9) (as inserted (E.W.) (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), ss. 21, 26(3))

C3S. 52(2) extended (with modifications) by Transport Act 1985 (c. 67, SIF 126), s. 126(2)