Section 6 Matters to which Department must have regardI1

(1)

In deciding whether to issue or refuse a permit or to attach conditions to a permit, the Department shall in particular have regard (where appropriate) to the following matters—

(a)

the suitability of the routes on which the service may be provided under the permit;

(b)

any applications for permits which the Department considers relevant;

(c)

the extent, if any, to which the needs of persons likely to use the service to be provided are already adequately and economically served;

(d)

the general effect which the grant of the permit would be expected to have on—

(i)

other holders of permits;

(ii)

persons with whom the Department has a service agreement;

(e)

the need for ensuring fair competition among persons providing public passenger transport services;

(f)

such other matters as may be prescribed.

(2)

The Department shall also take into account—

(a)

any recommendations made by the Consumer Council;

(b)

any representations by—

(i)

persons already providing services on any road along or near the routes which are the subject of the application;

(ii)

the Chief Constable;

(iii)

a district council;

(iv)

a Northern Ireland department; or

(v)

the Northern Ireland Tourist Board.

(3)

In subsection (2)(b)(i) “services” means—

(a)

public passenger transport services; or

(b)

any other services to which section 33(1)(a) applies.

Annotations

Commencement

I1: S. 6 in operation at 5.10.2015 by S.R. 2015/284, art. 2(1), Sch.