Section 63 Objections to grant of operators’ licences.C1

England, Wales and Scotland

(1)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(3)

Any of the following persons, that is to say—

(a)

a prescribed trade union or association, being a trade union or association whose members consist of or include—

(i)

persons holding operators’ licences or carriers’ licences; or

(ii)

employees of any such persons;

(b)

a chief officer of police;

(c)

a local authority,

F3(d)

a planning authority

may object to the grant of any application F4for an operator’s licence on the ground that any of the requirements mentioned in section 64(2) of this Act are not satisfied in the case of the application.

(4)

Any objection under this section shall be made within the prescribed time and in the prescribed manner (which shall be stated in the notice published under subsection (1) of this section) and shall contain particulars of the ground on which it is made.

(5)

The onus of proof of the existence of the ground on which an objection is made shall lie on the objector.

(6)

In this section—

“local authority” means—

(a)

as respects England and Wales, the council of a county,. . . F5, F6district or London borough,. . . F7 and the Common Council of the City of London;

(b)

as respects Scotland, a F8regional, islands or district council;

F9“planning authority” means any body other than a local authority which by virtue of any statutory provision for the time being in force is—

(a)

in England and Wales, the local planning authority for any area for the purpose of determining applications for planning permission under F10Part III of the Town and Country Planning Act 1990 (general planning control); and

(b)

in Scotland, the planning authority for any area for the purpose of determining applications for planning permission under Part III of the Town and Country Planning (Scotland) Act 1972 (general planning control);

“statutory provision” means a provision contained in an Act or in subordinate legislation within the meaning of the Interpretation Act 1978; and
“trade union” has the same meaning as in the F11the Trade Union and Labour Relations (Consolidation) Act 1992.

Annotations

Textual amendments

F1: Words repealed by Transport Act 1982 (c. 49, SIF 126), Sch. 6
F2: Ss. 62(3), 63(2), 65 repealed by Transport Act 1982 (c. 49, SIF 126), Sch. 6
F3: S. 63(3)(d) inserted by Transport Act 1982 (c. 49, SIF 126), Sch. 4 Pt. II para. 8(a)
F4: Words substituted by Transport Act 1982 (c. 49, SIF 126), Sch. 4 Pt. II para. 1(c)
F5: Words repealed by Local Government Act 1972 (c. 70, SIF 81:1), Sch. 30
F6: Word substituted by virtue of Local Government Act 1972 (c. 70, SIF 81:1), s. 179(3)
F7: Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17
F8: Words substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 18 para. 18
F9: Definitions inserted by Transport Act 1982 (c. 49, SIF 126), Sch. 4 Pt. II para. 8(b)
F10: Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 22(1)
F11: Words in s. 63(6) substituted (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(2), 302, Sch. 2 para.2.

Modifications

C1: S. 63 modified by S.I. 1984/176, reg. 32(5)

Notes on Part V

Textual amendments

F1: Pt. V (ss. 59-94) repealed (1.1.1996) by 1995 c. 23, s. 60(2), Sch. 8 Pt. I (with ss. 54, 55); S.I. 1995/2181, art. 2