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Change 1
As published
112E Investigations: power to obtain information
(1) This section applies if the Passengers’ Council is carrying out an investigation under section 112C in relation to road passenger transport services or facilities.
(2) If the Council requests an operator of services, or a provider of facilities, to provide any information which the Council considers necessary for the purpose of carrying out the investigation, subsection (3) applies.
(3) A person who receives such a request must provide the information unless—
(a) the person does not have, and cannot reasonably obtain, it; or
(b) the provision of the information would impose an unreasonable burden on the person.
(4) A person who relies on paragraph (a) or (b) of subsection (3) must notify the Council in writing of that fact, stating the reason why the paragraph in question applies.
(5) If the Council—
(a) has requested information from an operator of local services or domestic coach services, and
(b) considers that it has not received a satisfactory response to that request,
the Council may refer the matter to a traffic commissioner.
(6) If the Council—
(a) has requested information from an operator of tramway passenger services, and
(b) considers that it has not received a satisfactory response to that request,
the Council may refer the matter to the promoter.
(7) If a matter is referred by virtue of subsection (5) or (6), the traffic commissioner or, as the case may be, the promoter may require the recipient of the request mentioned in subsection (2) to provide such of the information as the traffic commissioner or promoter considers appropriate.
Your change, as a redline
112E Investigations: power to obtain information
(1) This section applies if the Passengers’ Council is carrying out an investigation under section 112C in relation to road passenger transport services or facilities.
(2) If the Council requests an operator of services, or a provider of facilities, to provide any information which the Council considers necessary for the purpose of carrying out the investigation, subsection (3) applies.
(3) A person who receives such a request must provide the information unless—
(a) the person does not have, and cannot reasonably obtain, it; or
(b) the provision of the information would impose an unreasonable burden on the person.
(4) A person who relies on paragraph (a) or (b) of subsection (3) must notify the Council in writing of that fact, stating the reason why the paragraph in question applies.
(5) If the Council—
(a) has requested information from an operator of local services or domestic coach services, and
(b) considers that it has not received a satisfactory response to that request,
the Council may refer the matter to a traffic commissioner.
(6) If the Council—
(a) has requested information from an operator of tramway passenger services, and
(b) considers that it has not received a satisfactory response to that request,
the Council may refer the matter to the promoter.
(7) If a matter is referred by virtue of subsection (5) or (6), the traffic commissioner or, as the case may be, the promoter may require the recipient of the request mentioned in subsection (2) to provide such of the information as the traffic commissioner or promoter considers appropriate.
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