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Transport Act 1985

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Change 1

What to do with it
As published

27 Supplementary provisions with respect to conditions attached to PSV operator’s licence under section 26.

(1) Before attaching any condition to a PSV operator’s licence under section 26 of this Act, a traffic commissioner shall hold an inquiry if a request for an inquiry has been received by a traffic commissioner (within the prescribed period) from the holder of, or (as the case may be) applicant for, the licence. (2) Subsection (1) above shall not apply where the traffic commissioner is satisfied that the condition should be attached without delay. (3) Where, in reliance on subsection (2) above, a traffic commissioner attaches any such condition to a PSV operator’s licence without first holding an inquiry, he or another traffic commissioner shall hold one as soon as is reasonably practicable if a request for a traffic commissioner to do so is made to a traffic commissioner, before the end of such period as may be prescribed, by the holder of the licence. (4) For the purposes of section 16(5) of the 1981 Act (traffic commissioner’s power to vary or remove conditions attached under section 16(3) of that Act to a PSV operator’s licence), a condition attached under section 26 of this Act shall be treated as attached under section 16(3) of that Act. (5) Nothing in section 26 shall be taken as prejudicing the generality of the power under that Act to prescribe descriptions of conditions for the purposes of section 16(3) of that Act.

Your change, as a redline

27 Supplementary provisions with respect to conditions attached to PSV operator’s licence under section 26.

(1) Before attaching any condition to a PSV operator’s licence under section 26 of this Act, a traffic commissioner shall hold an inquiry if a request for an inquiry has been received by a traffic commissioner (within the prescribed period) from the holder of, or (as the case may be) applicant for, the licence. (2) Subsection (1) above shall not apply where the traffic commissioner is satisfied that the condition should be attached without delay. (3) Where, in reliance on subsection (2) above, a traffic commissioner attaches any such condition to a PSV operator’s licence without first holding an inquiry, he or another traffic commissioner shall hold one as soon as is reasonably practicable if a request for a traffic commissioner to do so is made to a traffic commissioner, before the end of such period as may be prescribed, by the holder of the licence. (4) For the purposes of section 16(5) of the 1981 Act (traffic commissioner’s power to vary or remove conditions attached under section 16(3) of that Act to a PSV operator’s licence), a condition attached under section 26 of this Act shall be treated as attached under section 16(3) of that Act. (5) Nothing in section 26 shall be taken as prejudicing the generality of the power under that Act to prescribe descriptions of conditions for the purposes of section 16(3) of that Act.

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