Goods Vehicles (Licensing of Operators) Act 1995
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Change 1
11 Publication in locality affected of notice of application for heavy goods vehicle licence.
(1) Subject to subsection (3), a traffic commissioner who is dealing with an application for a heavy goods vehicle licence shall refuse the application without considering the merits unless he is satisfied that subsection (2) has been complied with in respect of each locality affected by the application. (2) This subsection has been complied with in respect of a locality affected by an application for 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. (3) A traffic commissioner is not required by this section to refuse an application for a heavy goods vehicle licence if— (a) he is satisfied as mentioned in subsection (1), save only that the form or contents of the notice of application as published in any newspaper did not comply with the prescribed requirements, and (b) he is satisfied that no person’s interests are likely to have been prejudiced by the failure to comply with those requirements. (4) For the purposes of this section a locality is affected by an application for a heavy goods vehicle licence if it contains any place in the traffic area concerned that will be an operating centre of the licence-holder if the application is granted.
11 Publication in locality affected of notice of application for heavy goods vehicle licence.
(1) Subject to subsection (3), a traffic commissioner who is dealing with an application for a heavy goods vehicle licence shall refuse the application without considering the merits unless he is satisfied that subsection (2) has been complied with in respect of each locality affected by the application. (2) This subsection has been complied with in respect of a locality affected by an application for 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. (3) A traffic commissioner is not required by this section to refuse an application for a heavy goods vehicle licence if— (a) he is satisfied as mentioned in subsection (1), save only that the form or contents of the notice of application as published in any newspaper did not comply with the prescribed requirements, and (b) he is satisfied that no person’s interests are likely to have been prejudiced by the failure to comply with those requirements. (4) For the purposes of this section a locality is affected by an application for a heavy goods vehicle licence if it contains any place in the traffic area concerned that will be an operating centre of the licence-holder if the application is granted.
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