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Paragraph 6 Cases where an existing licence held by a person has effect in the Welsh Traffic Area and the North-Western Traffic Area

Original text. Later amendments are not shown.

(1)

This paragraph has effect where the operating centres of the vehicles used under a PSV operator’s licence before the reorganisation date, on and after that date are situated in both the Welsh Traffic Area and in the North-Western Traffic Area, whether or not before the reorganisation date the licence-holder also had a licence issued by the traffic commissioner for the South-Wales Traffic Area.

(2)

In such a case, the traffic commissioner for the North-Western Traffic Area shall before reorganisation date and after consulting the holder of the licence, give a direction–

(a)

which splits the existing licence so that there is a new licence for the Welsh Traffic Area and a varied licence for the North-Western Traffic Area (each such licence being referred to in this paragraph as a “new licence”); and

(b)

assigns the maximum number of vehicles authorised under the existing licence to a particular new licence.

(3)

A traffic commissioner for the North-Western Traffic Area may, after consulting the holder of the existing licence and at any time before the reorganisation date, give a direction varying any direction given by him under sub-paragraph (2) above.

(4)

Where a direction has been given under sub-paragraph (2) or (3) above, paragraph 4 and paragraph 5 of this Schedule shall, as the case may be, have effect in respect of a new licence to which there has been an assignment under the direction, as if immediately before the reorganisation date–

(a)

the vehicles authorised on the licence on that date were those assigned to that new licence under this paragraph; and

(b)

the maximum number of motor vehicles authorised on the licence on that date were the number of motor vehicles assigned to that new licence under this paragraph,

and in so far as the licence has effect by virtue of paragraphs 4 or 5 of this Schedule, as the case may be, and of the foregoing provisions of this sub-paragraph, it shall have effect for each new licence as if, immediately before the reorganisation date, the new licence had been varied as set out in paragraphs (a) and (b) of this sub-paragraph.

(5)

If the traffic commissioner for the North-Western Traffic Area as respects a licence, fails to give a direction under sub-paragraph (2) before the reorganisation date, the functions under that sub-paragraph as respect that licence shall be exercisable on or after that date by the traffic commissioner for the North-Western Traffic Area in consultation with the traffic commissioner for the Welsh Traffic Area.