Deregulation and Contracting Out Act 1994 (c. 40)

(The document as of February, 2008)

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27 Applications for permits to conduct public charitable collections: time-limits

In section 67 of the Applications for permits to conduct public charitable collections: time-limits.Charities Act 1992 (applications for permits to conduct public charitable collections) paragraph (b) of subsection (3) (which provides that an application shall not be made more than six months before the relevant day) and the word "but" immediately preceding it shall be omitted.

28 Annual audit or examination of charity accounts

(1) Section 43 of the [1993 c. 10.] Annual audit or examination of charity accounts.Charities Act 1993 (annual audit or examination of charity accounts) shall be amended as follows.

(2) In subsection (3) (which requires a charity's accounts for a financial year to be audited or independently examined if its gross income and total expenditure in that year, and each of the two previous financial years, is £100,000 or less) after "a charity" there shall be inserted "and its gross income or total expenditure in that year exceeds £10,000".

(3) In subsection (8) (power of Secretary of State to amend sum specified in subsection (1)) after "(1)" there shall be inserted "or (3)".

29 Annual reports of charities

(1) In section 45 of the Annual reports of charities.Charities Act 1993 (annual reports) in subsection (3) (automatic duty to transmit annual report to the Commissioners) for the words from the beginning to "a charity" there shall be substituted "Where in any financial year of a charity its gross income or total expenditure exceeds £10,000, the annual report required to be prepared under this section in respect of that year".

(2) After that subsection there shall be inserted--

" (3A) Where in any financial year of a charity neither its gross income nor its total expenditure exceeds £10,000, the annual report required to be prepared under this section in respect of that year shall, if the Commissioners so request, be transmitted to them by the charity trustees--

(a) in the case of a request made before the end of seven months from the end of the financial year to which the report relates, within ten months from the end of that year, and

(b) in the case of a request not so made, within three months from the date of the request,

or, in either case, within such longer period as the Commissioners may for any special reason allow in the case of that report. "

(3) In subsection (4) of that section, for "any such annual report" there shall be substituted "any annual report transmitted to the Commissioners under this section".

(4) In subsection (5) of that section, for "subsection (3) above" there shall be substituted "this section".

(5) In subsection (6) of that section, for "subsection (3) above" there shall be substituted "this section".

(6) At the end of that section there shall be inserted--

" (7) The charity trustees of a charity shall preserve, for at least six years from the end of the financial year to which it relates, any annual report prepared by them under subsection (1) above which they have not been required to transmit to the Commissioners.

(8) Subsection (4) of section 41 above shall apply in relation to the preservation of any such annual report as it applies in relation to the preservation of any accounting records (the references in subsection (3) of that section being read as references to subsection (7) above).

(9) The Secretary of State may by order amend subsection (3) or (3A) above by substituting a different sum for the sum for the time being specified there. "

(7) In section 46(7) of that Act (application of section 45(3) to (6) to annual reports under section 46(5)) after "section 45" there shall be inserted "(as originally enacted)".

(8) In section 49 of that Act (penalty for persistent default in relation to certain requirements) in paragraph (a), after "45(3)" there shall be inserted "or (3A)".

30 Annual returns by charities.

(1) Section 48 of the [1993 c. 10.] Charities Act 1993 (annual returns by registered charities) shall be amended as follows.

(2) In subsection (1) (duty to prepare annual return) at the beginning there shall be inserted "Subject to subsection (1A) below,".

(3) After subsection (1) there shall be inserted--

" (1A) Subsection (1) above shall not apply in relation to any financial year of a charity in which neither the gross income nor the total expenditure of the charity exceeds £10,000. "

(4) At the end there shall be inserted--

" (4) The Secretary of State may by order amend subsection (1A) above by substituting a different sum for the sum for the time being specified there. "

31 Slaughterhouses and knackers' yards: uniting of enforcement functions

Schedule 9 to this Act (which contains provisions designed to facilitate the uniting of enforcement functions relating to slaughterhouses and knackers' yards) shall have effect.

32 Power to repeal or modify provisions of local Acts

(1) In Schedule 1 to the Building Act 1984 (building regulations) in paragraph 11(1), after paragraph (b) there shall be inserted " or

(c) any provision of a local Act passed before the day on which the Deregulation and Contracting Out Act 1994 is passed, " .

(2) In section 14 of that Act (consultation) there shall be inserted at the end--

" (4) Before making any building regulations containing provision of the kind authorised by paragraph 11(1)(c) of Schedule 1 to this Act, the Secretary of State shall consult--

(a) the Building Regulations Advisory Committee,

(b) such persons or bodies as appear to him to be representative of local authorities, and

33 Amendment of duty of care etc. as respects waste.

(1) In section 34 of the Environmental Protection Act 1990 (duty of care etc. as respects controlled waste), after subsection (4) there shall be inserted--

" (4A) For the purposes of subsection (1)(c)(ii) above--

(a) a transfer of waste in stages shall be treated as taking place when the first stage of the transfer takes place, and

(b) a series of transfers between the same parties of waste of the same description shall be treated as a single transfer taking place when the first of the transfers in the series takes place. "

(2) Subsection (1) above shall be deemed always to have had effect, except in relation to any proceedings for failure to comply with the duty imposed by section 34(1) of that Act which were commenced before the coming into force of subsection (1) above.

(3) Where any such proceedings have not been disposed of before the coming into force of subsection (1) above, it shall be a defence to show that the conduct in question would not have constituted a breach of the duty concerned had subsection (1) above been in force at the time.

34 Controls on London lorries: replacement of discretionary exceptions

(1) Subsection (3) below applies to any order having effect under or by virtue of section 6 (orders similar to traffic regulation orders) or 9 (experimental traffic orders) of the [1984 c. 27.] Road Traffic Regulation Act 1984 ("the 1984 Act") which provides for a relevant traffic control to be subject to a relevant exception, being an order in relation to which the appropriate authority is a London borough council or the Common Council of the City of London.

(2) For the purposes of this section--

(a) a relevant traffic control is a prohibition or restriction on the use of a road for traffic which does not apply to motor vehicles generally but applies to some or all heavy commercial vehicles, and

(b) a relevant exception is an exception whose application, in the case of any heavy commercial vehicles, depends to any extent on the exercise of a delegated discretion.

(3) The Secretary of State may, for the purpose of replacing a relevant exception to a relevant traffic control with such other exception as he thinks fit, by order make any such variation of an order to which this subsection applies as the appropriate authority may make.

(4) The Secretary of State shall only exercise the power conferred by subsection (3) above if he is satisfied that doing so--

(a) will have the effect that less of a burden is imposed on the carrying on of business, and

(b) will not have the effect of removing any necessary protection.

(5) The Secretary of State may, for the purpose of amending as he thinks fit an exception introduced under subsection (3) above (including such an exception as amended), by order make any such variation of the order varied under that subsection as the appropriate authority may make.

(6) The Secretary of State may, for the purpose of amending as he thinks fit a provision of an order having effect under or by virtue of section 6 or 9 of the 1984 Act which re-enacts (with or without modification) an exception introduced under subsection (3) above (including such an exception as amended) ("a re-enactment order"), by order make any such variation of the order as the appropriate authority may make.

(7) The Secretary of State shall only exercise the power conferred by subsection (5) or (6) above if he is satisfied--

(a) that, if he does so, it will still be the case that less of a burden is imposed on the carrying on of business than was imposed before the replacement under subsection (3) above, and

(b) that doing so will not have the effect of removing any necessary protection.

(8) Paragraphs 35 to 37 of Part VI of Schedule 9 to the 1984 Act (validity of certain orders) shall apply to an order under this section as they apply to an order to which that Part applies; and in those paragraphs, in their application by virtue of this subsection--

(a) "the relevant powers" means the powers conferred by this section with respect to the order in question, and

(b) "the relevant requirements" means the requirements of this section with respect to that order.

(9) Before making any order under this section, the Secretary of State shall consult with such representative organisations as he thinks fit; and any such order shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(10) Where in the case of any order proposed to be made by the council of a London borough or the Common Council of the City of London under or by virtue of section 6 or 9 of the 1984 Act, it is proposed to include in the order any provision--

(a) varying or revoking an order under this section,

(b) varying or revoking an order having effect under or by virtue of section 6 or 9 of that Act which is varied by an order under this section, or

the order shall not be made except with the consent of the Secretary of State.

(11) Where, in the case of any order proposed to be made by the council of a London borough or the Common Council of the City of London under or by virtue of section 9 of the 1984 Act, it is proposed to include in the order provision under section 10(1)(a) of that Act relating to--

(a) an order under this section,

(b) an order having effect under or by virtue of section 6 or 9 of that Act which is varied by an order under this section, or

the order shall not be made except with the consent of the Secretary of State.

(12) In this section--

"appropriate authority", in relation to an order having effect under or by virtue of section 6 or 9 of the 1984 Act, means the authority by which the order is, or is deemed to be, made;
"heavy commercial vehicle" and "road" have the same meanings as in the 1984 Act;
"motor vehicle" means a vehicle treated as a motor vehicle for the purposes of the 1984 Act;
"re-enactment order" has the meaning given by subsection (6) above; and
"the 1984 Act" has the meaning given by subsection (1) above.

35 Employment agencies etc.: replacement of licensing

Schedule 10 to this Act (which provides for the replacement of licensing in relation to employment agencies etc.) shall have effect.

36 Unfair dismissal: selection for redundancy

(1) In section 59(1) of the [1978 c. 44.] Employment Protection (Consolidation) Act 1978 (circumstances in which dismissal for redundancy to be regarded as unfair) paragraph (b) (selection for dismissal in contravention of customary arrangement or agreed procedure) shall be omitted.

(2) Article 22C(1)(e) of the [S.I. 1976/1043 (N.I. 16).] Industrial Relations (Northern Ireland) Order 1976 (corresponding provision for Northern Ireland) shall be omitted.

37 Power to repeal certain health and safety provisions

(1) The appropriate authority may by regulations repeal or, as the case may be, revoke--

(a) any provision which is an existing statutory provision for the purposes of Part I of the [1974 c. 37.] Health and Safety at Work etc. Act 1974 ("the 1974 Act"),

(b) any provision of regulations under section 15 of the 1974 Act (health and safety regulations) which has effect in place of a provision which was an existing statutory provision for the purposes of that Part,

(c) any provision which is an existing statutory provision for the purposes of the [S.I. 1978/1039 (N.I. 9).] Health and Safety at Work (Northern Ireland) Order 1978 ("the 1978 Order"), or

(d) any provision of regulations under Article 17 of the 1978 Order (health and safety regulations) which has effect in place of a provision which was an existing statutory provision for the purposes of that Order.

(2) Before making regulations under subsection (1) above, the appropriate authority shall consult--

(a) in the case of regulations under paragraph (a) or (b) of that subsection, the Health and Safety Commission,

(b) in the case of regulations under paragraph (c) or (d) of that subsection, the Health and Safety Agency for Northern Ireland,

and, in either case, such other persons as the appropriate authority considers appropriate.

(3) Instead of consulting such other persons as the appropriate authority considers it appropriate to consult under subsection (2) above, the authority may require the Health and Safety Commission or, as the case may be, the Health and Safety Agency for Northern Ireland to consult such persons as it considers appropriate for the purpose of deciding how it should respond to consultation under that subsection.

(4) Instead of consulting a person whom the appropriate authority considers it appropriate to consult under subsection (2) above, the authority may require the Health and Safety Commission or, as the case may be, the Health and Safety Agency for Northern Ireland to consult the person for the purpose of deciding how it should respond to consultation under that subsection.

(5) The appropriate authority may require consultation under subsection (3) or (4) above to be carried out in accordance with the authority's directions.

(6) Regulations under subsection (1) above may contain such transitional provisions and savings as the appropriate authority considers appropriate.

(7) Regulations under paragraph (a) or (b) of subsection (1) above shall be made by statutory instrument, and no instrument shall be made under that paragraph unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.

(8) Regulations under subsection (1)(c) or (d) above--

(a) shall be statutory rules for the purposes of the [S.I. 1979/1573 (N.I. 12).] Statutory Rules (Northern Ireland) Order 1979, and

(b) shall be subject to affirmative resolution, as defined in section 41(4) of the [1954 c. 33 (N.I.)] Interpretation Act (Northern Ireland) 1954, as if they were statutory instruments within the meaning of that Act.

(9) In this section, "appropriate authority"--

(a) in relation to regulations under subsection (1)(a) or (b) above, means the Secretary of State, and

(b) in relation to regulations under subsection (1)(c) or (d) above, means the Department concerned (within the meaning of the 1978 Order, but as if any reference to that Order included a reference to this section).

38 Inspection of independent schools.

After section 87 of the [1989 c. 41.] Children Act 1989 there shall be inserted--

" 87A Suspension of duty under section 87(3)

(1) The Secretary of State may appoint a person to be an inspector for the purposes of this section if--

(a) that person already acts as an inspector for other purposes in relation to independent schools to which section 87(1) applies, and

(b) the Secretary of State is satisfied that the person is an appropriate person to determine whether the welfare of children provided with accommodation by such schools is adequately safeguarded and promoted while they are accommodated by them.

(2) Where--

(a) the proprietor of an independent school to which section 87(1) applies enters into an agreement in writing with a person appointed under subsection (1),

(b) the agreement provides for the person so appointed to have in relation to the school the function of determining whether section 87(1) is being complied with, and

(c) the local authority in whose area the school is situated receive from the person with whom the proprietor of the school has entered into the agreement notice in writing that the agreement has come into effect,

the authority's duty under section 87(3) in relation to the school shall be suspended.

(3) Where a local authority's duty under section 87(3) in relation to any school is suspended under this section, it shall cease to be so suspended if the authority receive--

(a) a notice under subsection (4) relating to the person with whom the proprietor of the school entered into the relevant agreement, or

(b) a notice under subsection (5) relating to that agreement.

(4) The Secretary of State shall terminate a person's appointment under subsection (1) if--

(a) that person so requests, or

(b) the Secretary of State ceases, in relation to that person, to be satisfied that he is such a person as is mentioned in paragraph (b) of that subsection,

and shall give notice of the termination of that person's appointment to every local authority.

(5) Where--

(a) a local authority's duty under section 87(3) in relation to any school is suspended under this section, and

(b) the relevant agreement ceases to have effect,

the person with whom the proprietor of the school entered into that agreement shall give to the authority notice in writing of the fact that it has ceased to have effect.

(6) In this section--

(a) "proprietor" has the same meaning as in the [1944 c. 31.] Education Act 1944, and

(b) references to the relevant agreement, in relation to the suspension of a local authority's duty under section 87(3) as regards any school, are to the agreement by virtue of which the authority's duty under that provision as regards that school is suspended.

87B Duties of inspectors under section 87A

(1) The Secretary of State may impose on a person appointed under section 87A(1) ("an authorised inspector") such requirements relating to, or in connection with, the carrying out under substitution agreements of the function mentioned in section 87A(2)(b) as the Secretary of State thinks fit.

(2) Where, in the course of carrying out under a substitution agreement the function mentioned in section 87A(2)(b), it appears to an authorised inspector that there has been a failure to comply with section 87(1) in the case of a child provided with accommodation by the school to which the agreement relates, the inspector shall give notice of that fact to the Secretary of State.

(3) Where, in the course of carrying out under a substitution agreement the function mentioned in section 87A(2)(b), it appears to an authorised inspector that a child provided with accommodation by the school to which the agreement relates is suffering, or is likely to suffer, significant harm, the inspector shall--

(a) give notice of that fact to the local authority in whose area the school is situated, and

(b) where the inspector is required to make inspection reports to the Secretary of State, supply that local authority with a copy of the latest inspection report to have been made by the inspector to the Secretary of State in relation to the school.

(4) In this section--

(a) "proprietor" has the same meaning as in the [1944 c. 31.] Education Act 1944, and

(b) references to substitution agreement are to an agreement between an authorised inspector and the proprietor of an independent school by virtue of which the local authority's duty in relation to the school under section 87(3) is suspended. "

39 Chapter II: consequential amendments

Schedule 11 to this Act (which contains amendments consequential on certain provisions of this Chapter) shall have effect.

40 Extent of Chapter II

(1) The following provisions of this Chapter extend to England and Wales only--

sections 18(1), 19, 20(3), 21, 25 to 30, 32, 34 and 38,
paragraphs 8 to 10 of Schedule 2,
Schedules 7 and 8, and
paragraph 2 of Schedule 9.

(2) Sections 18(2), 22 and 24(b) and paragraph 3 of Schedule 9 extend to Scotland only.

(3) The following provisions of this Chapter extend to Northern Ireland only--

sections 13(2) and 36(2),
paragraphs 5, 6(2) and 7(2) of Schedule 2,
Schedule 6, and
paragraphs 2 and 5 of Schedule 10.

(4) The following provisions of this Chapter also extend to Northern Ireland--

sections 7 to 12,
sections 15 to 17,
sections 35, 37 and 39,
this section,
paragraphs 1 to 3 and 15 of Schedule 2,
Schedule 3,
paragraphs 1 and 5 to 8 of Schedule 4, and
paragraph 3 of Schedule 10.

(5) The extent of any amendment of an enactment in paragraph 2 or 3 of Schedule 4 to this Act or Schedule 11 to this Act is the same as that of the enactment amended.

(6) Subject to subsections (3) to (5) above, this Chapter does not extend to Northern Ireland.

Chapter III Goods Vehicle Operator Licensing

41 The 1968 Act

In this Chapter "the 1968 Act" means the [1968 c. 73.] Transport Act 1968.

42 Use of vehicles under licences

(1) In section 61 of the 1968 Act (authorised vehicles) for subsection (1) there shall be substituted--

" (1) Subject to the following provisions of this section, the vehicles authorised to be used under an operator's licence are--

(a) any motor vehicle in the lawful possession of the licence-holder that is specified in the licence;

(b) any trailer in the lawful possession of the licence-holder; and

(1A) An operator's licence may provide that--

(a) no motor vehicle the relevant weight of which exceeds a weight specified in the licence is authorised to be used under it;

(b) no trailer the relevant weight of which exceeds a weight specified in the licence is authorised to be used under it;

(d) no vehicles are authorised to be used under it by virtue of subsection (1)(c) of this section.

(1B) In subsection (1A) of this section "relevant weight", in relation to a motor vehicle or trailer of any prescribed class, means a weight of the description specified in relation to motor vehicles or trailers of that class by regulations. "

(2) For subsections (3) and (4) of that section there shall be substituted--

" (3) A vehicle is not authorised to be used under an operator's licence by virtue of subsection (1)(c) of this section after the period of one month beginning with--

(a) the day on which the vehicle was first in the lawful possession of the licence-holder; or

(b) if later, the day on which the licence came into force,

unless during that period the licence-holder has given to the licensing authority by whom the licence was granted a notice, in such form and containing such information about the vehicle as the authority may require, and has paid a prescribed fee to the authority.

(4) Where notice of a vehicle has been duly given and the prescribed fee has been duly paid under subsection (3) of this section, the licensing authority shall vary the licence by directing that the vehicle be specified in it. "

(3) After that section there shall be inserted--

" 61A Maximum numbers of vehicles

(1) An operator's licence--

(a) shall specify a maximum number for motor vehicles; and

(b) may specify a maximum number for motor vehicles the relevant weight of which exceeds a weight specified in the licence.

(2) An operator's licence that does not contain a provision such as is mentioned in section 61(1A)(c) of this Act--

(a) shall specify a maximum number for trailers; and

(b) may specify a maximum number for trailers the relevant weight of which exceeds a weight specified in the licence.

(3) The number of vehicles being used under an operator's licence by virtue of section 61(1)(c) of this Act at any one time may not exceed the maximum number specified in the licence under subsection (1)(a) of this section, less however many motor vehicles are specified in the licence.

(4) Where under subsection (1)(b) of this section an operator's licence specifies a maximum number for motor vehicles the relevant weight of which exceeds a specified weight--

(a) the number of such vehicles being used under the licence by virtue of section 61(1)(c) of this Act at any one time may not exceed that maximum number, less however many motor vehicles the relevant weight of which exceeds the specified weight are specified in the licence; and

(b) the number of such vehicles that are specified in the licence and being used under it at any one time may not exceed that maximum number.

(5) The number of trailers being used under an operator's licence at any one time may not exceed the maximum number specified in the licence under subsection (2)(a) of this section.

(6) Where under subsection (2)(b) of this section an operator's licence specifies a maximum number for trailers the relevant weight of which exceeds a specified weight, the number of such trailers being used under the licence at any one time may not exceed that maximum number.

(7) The definition of "relevant weight" in section 61(1B) of this Act applies for the purposes of this section as it applies for the purposes of section 61(1A).

(8) If subsection (3), (4)(a) or (b), (5) or (6) of this section is contravened, the licence-holder shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale. "

43 Objections to grant or variation of licences

After section 63(4) of the 1968 Act (which requires objections to the grant or variation of operators' licences to be made within the prescribed time and in the prescribed manner) there shall be inserted--

" (4A) Where the licensing authority considers there to be exceptional circumstances that justify his doing so, he may direct that an objection be treated for the purposes of this Part of this Act as duly made under this section, notwithstanding that it was not made within the prescribed time or in the prescribed manner. "

44 Determination of applications for licences

(1) For section 64 of the 1968 Act there shall be substituted--

" 64 Determination of applications for operators' licences

(1) Subject to sections 69E and 89(2) of this Act, on an application for an operator's licence the licensing authority shall consider--

(a) whether the requirements of subsections (2) and (3) of this section are satisfied; and

(b) if he thinks fit, whether the requirements of subsection (4) of this section are satisfied.

(2) The applicant must not by reason--

(a) of any activities or convictions of which particulars may be required to be given under section 62(4)(d) or (e) of this Act; or

(b) of any conviction required to be notified in accordance with section 62(4A) of this Act,

be unfit to hold an operator's licence.

(3) It must be possible (taking into account the licensing authority's powers under section 64A(3) of this Act) to issue a licence on the application in relation to which paragraphs (a) to (d) of this subsection will apply--

(a) there are satisfactory arrangements for securing that Part VI of this Act is complied with in the case of the vehicles used under the licence and for securing that those vehicles are not overloaded;

(b) there are satisfactory facilities and arrangements for maintaining the vehicles used under the licence in a fit and serviceable condition;

(c) at least one place in the licensing authority's area is specified in the licence as an operating centre of the licence-holder and each place so specified is available and suitable for use as such an operating centre (disregarding any respect in which it may be unsuitable on environmental grounds);

(d) the capacity of the place so specified (if there is only one) or of both or all the places so specified taken together (if there are more than one) is sufficient to provide an operating centre for all the vehicles used under the licence.

(4) The provision of such facilities and arrangements as are mentioned in subsection (3)(b) of this section must not be prejudiced by reason of the applicant's having insufficient financial resources for that purpose.

(5) In considering whether any of the requirements of subsections (2) to (4) of this section are satisfied, the licensing authority shall have regard to any objection duly made under section 63 of this Act in respect of the application.

(6) In considering whether the requirements of subsection (3) of this section are satisfied, the licensing authority may take into account any undertakings given by the applicant (or procured by him to be given) for the purposes of the application, and may assume that those undertakings will be fulfilled.

(7) In considering whether subsection (3)(c) of this section will apply in relation to a licence, the licensing authority may take into account any conditions that under section 64B of this Act could be attached to the licence, and may assume that any conditions so attached will not be contravened.

(8) In considering whether subsection (3)(c) or (d) of this section will apply in relation to a licence, the licensing authority may take into account (if such be the case) that any proposed operating centre of the applicant would be used--

(a) as an operating centre of the holders of other operators' licences as well as of the applicant; or

(b) by the applicant or by other persons for purposes other than keeping vehicles used under the licence.

(9) If the licensing authority determines that any of the requirements that he has taken into consideration in accordance with subsection (1) of this section are not satisfied, he shall refuse the application, but in any other case he shall, subject to sections 69B and 89(2) of this Act, grant the application.

64A Issue of operators' licences

(1) Subject to subsection (2) of this section and to sections 64B, 66, 69B, 69C and 89(2) of this Act, on granting an application for an operator's licence, the licensing authority shall issue that licence in the terms applied for.

(2) If the authority has determined that any of the requirements of section 64(3) or (4) of this Act that he has taken into consideration in accordance with section 64(1) of this Act would not be satisfied unless he exercised any of his powers under subsection (3) of this section, he shall exercise those powers accordingly.

(3) The authority may issue the licence in terms that differ from the terms applied for in any of the following respects--

(a) more or fewer motor vehicles are specified in the licence;

(b) different motor vehicles are specified in it;

(d) it includes a provision such as is mentioned in section 61A(1)(b) or (2)(b) of this Act;

(e) higher or lower maximum numbers are specified in it under section 61A of this Act;

(f) fewer places are specified in it as operating centres of the licence-holder.

(4) Any undertakings taken into account by the authority under section 64(6) of this Act that he considers to be material to the granting of the application shall be recorded in the licence issued. "

(2) In section 69B of the 1968 Act (objection to, and refusal or modification of, applications for operators' licences on environmental grounds) for subsection (5) there shall be substituted--

" (5) The licensing authority may not refuse an application for an operator's licence on the ground that any place would be unsuitable as mentioned in subsection (4) of this section if--

(a) on the date the application was made, that place was already specified in an operator's licence granted by the authority as an operating centre of the holder of that licence; or

(b) the applicant has produced to the authority a certificate in force in respect of that place under section 191 or 192 of the [1990 c. 8.] Town and Country Planning Act 1990 or section 90 or 90A of the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972, stating that its use as an operating centre for vehicles used under any operator's licence is or would be lawful.

(5A) Subsection (5) of this section does not apply in relation to any place that, at the time the application is determined by the licensing authority, is specified in an operator's licence as an operating centre of the holder of that licence.

(5B) In paragraph (a) of subsection (5) of this section "operator's licence" does not include a licence granted under section 67A of this Act, and the reference in that paragraph to a place being specified in an operator's licence does not include a place being so specified--

(a) by virtue of an interim direction such as is mentioned in section 68A of this Act;

(b) if such conditions as may be prescribed in relation to the exercise of the right of any person to appeal against that place being so specified are not satisfied;

(c) if such conditions as may be prescribed in relation to the review under section 69J of this Act of the decision so to specify that place are not satisfied; or

(d) by reason of being situated within a place that is so specified. "

45 Conditions for securing road safety

After section 64A of the 1968 Act (set out in section 44 above) there shall be inserted--

" 64B Conditions for securing road safety

(1) A licensing authority, on granting an operator's licence or on varying such a licence under section 68 of this Act, may attach to it such conditions as he thinks fit for preventing vehicles that are authorised to be used under the licence from causing danger to the public--

(a) at any point where vehicles first join a public road on their way from an operating centre of the licence-holder (or last leave a public road on their way to such an operating centre); and

(b) on any road (other than a public road) along which vehicles are driven between such a point and the operating centre.

(2) On varying an operator's licence under section 68 of this Act, the licensing authority may vary or remove any condition attached to the licence under this section.

(3) The licensing authority shall not--

(a) attach to an operator's licence any condition such as is mentioned in this section; or

(b) vary in such manner as imposes new or further restrictions or requirements any condition attached to an operator's licence under this section,

without first giving the applicant for the licence or (as the case may be) the licence-holder an opportunity of making representations to the authority with respect to the effect on his business of the proposed condition or variation.

(4) The licensing authority shall give special consideration to any representations made under subsection (3) of this section in determining whether to attach the proposed condition or make the proposed variation.

(5) In this section as it applies in relation to England and Wales, "public road" means a highway maintainable at the public expense for the purposes of the [1980 c. 66.] Highways Act 1980.

(6) Any person who contravenes any condition attached under this section to a licence of which he is the holder shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale. "

46 Duration of licences and grant of interim licences

For section 67 of the 1968 Act there shall be substituted--

" 67 Duration of operators' licences

(1) The date on which an operator's licence is to come into force shall be specified in the licence.

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