Hansard

Further Provisions With Respect To Participation Notices

Volume 79: debated on Tuesday 21 May 1985

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(1) The period specified in accordance with section (Compulsory participation in travel concession schemes) (3) of this Act in a participation notice served on the operator of any service shall be not less than such period as may be prescribed.

(2) The authority or authorities by whom a participation notice is served on any operator shall send to the operator, together with the notice, a copy of—

  • (a) such particulars of the scheme to which the notice relates and of any variations of that scheme; and
  • (b) such particulars of the arrangements for the time being applicable to reimbursement of operators participating in that scheme or of any class of such operators which consists of or includes operators or registered local services qualifying for fuel duty grant;

    • as have been published under section 85(10) of this Act before the date of the notice.

    (3) Subject to the following provisions of this section, an operator on whom a participation notice has been served may apply to the Secretary of State for the cancellation or variation of that notice on either or both of the following grounds, that is to say—

  • (a) that there are special reasons why his participation in the scheme in question in respect of the service or any of the services to which the notice applies would be inappropriate; and
  • (b) that any provisions of the scheme or of any such arrangements as are mentioned in subsection (2) (b) above are inappropriate for application in relation to operators other than operators voluntarily participating in the scheme.

    • (4) Subject to subsection (5) below, an application under subsection (3) above may be made by notice in writing given to the Secretary of State before the end of the period of twenty-eight days beginning with the date of the participation notice.

    (5) An operator may not make such an application unless he has given notice in writing of his intention to do so to the authority or authorities by whom the participation notice was served—

  • (a) if a period allowed for that purpose is specified in the participation notice, before the end of that period: or
  • (b) in any other case, at any time before the date of the notice given to the Secretary of State under subsection (4) above.

    • (6) The Secretary of State may if he think fit appoint a person to determine an application under this section on his behalf.

    (7) On any such application the Secretary of State, or any person appointed under subsection (6) above to determine the application on his behalf, may—

  • (a) cancel the participation notice or vary it by excluding from it any service operated by the applicant: or
  • (b) determine that the participation notice shall take effect without variation;

    • and in any case where the participation notice is cancelled on the ground mentioned in subsection (3) (b) above shall give to the authority or authorities by whom the notice was served a notice in writing indicating in what respects the scheme or arrangements there mentioned are inappropriate for application in relation to operators other than operators voluntarily participating in the scheme. '.— [Mr. Ridley.]

    Brought up, read the First and Second time, and added to the Bill.