46. Modifying conditions of licence

(1)

Subject to this section, it is lawful for the LTA to modify the conditions of a licence without compensating the licensee concerned.

(2)

Before modifying any condition of a licence, the LTA must give notice to the licensee holding that licence —

(a)

stating that the LTA proposes to make the modification in the manner as specified in the notice; and

(b)

specifying the time (being at least 7 days from the date of service of notice on the licensee) within which the licensee may make written representations to the LTA with respect to the proposed modification.

(3)

Upon receiving any written representation referred to in subsection (2), the LTA must consider that representation and may —

(a)

reject the representation;

(b)

amend the proposed modification of any condition of a licence in the manner that the LTA thinks fit having regard to the representation; or

(c)

withdraw the proposed modification.

(4)

Where —

(a)

the LTA rejects any written representation under subsection (3)(a);

(b)

the LTA amends any proposed modification to any condition of a licence under subsection (3)(b); or

(c)

no written representation is received by the LTA within the time specified in subsection (2), or any written representation made under that subsection is subsequently withdrawn,the LTA must issue a written direction to the licensee in question requiring the licensee, within the time specified by the LTA, to give effect to the modification as specified in the notice under subsection (2) or as amended by the LTA, as the case may be.

Report

Read on from s 47

Part 7