TRANSPORT ACT (NORTHERN IRELAND) 1967 - SECT 6 Functions as to grant of road service licences.

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TRANSPORT ACT (NORTHERN IRELAND) 1967 - SECT 6

Functions as to grant of road service licences.

6.(1) The Ministry shall, in deciding whether to grant or refuse to grant a
road service licence or to attach conditions to any such licence, have regard
to the interests of persons likely to use the service to be provided under the
licence and those of persons holding other road service licences, and in
particular shall have regard (where appropriate) to the following matters:

(a)the suitability of the routes on which the service may be provided under
the licence;

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

(c)any previous conduct of the applicant as a person providing facilities for
the carriage of passengers for reward;

(d)the revocation or suspension of any road service licence held at any time
by the applicant or where the applicant has or had a controlling interest in a
body corporate to any refusal to grant a road service licence to, or
revocation or suspension of a road service licence held by, that body
corporate;

(e)where the applicant is an agent or nominee of any other person, any
previous conduct of that person as a person providing facilities for the
carriage of passengers for reward;

(f)where the applicant is an agent or nominee of any other person, the
revocation or suspension of any road service licence held at any time by that
other person;

(g)where the applicant is a body corporate, the refusal to grant a
road service licence to, or the revocation or suspension of any
road service licence held at any time by

(i)any other body corporate having at the time of the application any
controlling interest in the body corporate applying for the licence or in
which the body corporate applying for the licence has any controlling
interest;

(ii)any director of, or any shareholder having a controlling interest in, the
body corporate which is applying for the licence or in such other body
corporate as is mentioned in sub-paragraph (i);

(h)the general effect which the grant of the licence would be expected to have
on the holders of other road service licences and on the facilities being
provided under such licences for the carriage of passengers by road;

(i)the need for ensuring fair competition among persons providing facilities
in Northern Ireland for the carriage for reward of passengers by road.

(2) In addition to the matters specified in subsection (1) the Ministry shall
take into consideration any recommendations made by the Committee, any
representations which may be made by persons who are already providing
facilities for the carriage of passengers for reward on any road along or near
the routes the subject of the application or any part of those routes and any
representations made by a local authority or the Northern Ireland Tourist
Board.

(3) Where the Ministry is not satisfied that an application for a
road service licence should be granted the Ministry shall refer the matter to
the Committee and shall, before deciding whether or not to grant the
application, take into account any recommendation made by the Committee with
respect to the application, and in making any such recommendation
the Committee shall have regard to the matters specified in subsections (1)
and (2).[

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Northern Irish Legislation

TRANSPORT ACT (NORTHERN IRELAND) 1967 - SECT 6