sec.209Determination of application for variation

sec.209 Determination of application for variation

Subject to this section, the Regulator must, within the relevant period— if the Regulator is satisfied as to the matters referred to in section 206 (so far as they are applicable to the proposed variation)—notify the applicant that the exemption has been varied, with or without conditions or restrictions; or if the Regulator is not so satisfied—notify the applicant that the application has been refused. Notification under this section— must be in writing and given to the applicant; and if the exemption has been varied, must specify— the prescribed details of the applicant; and the variation to the exemption so far as it applies to the scope and nature of the railway operations, or the manner in which they are to be carried out; and any conditions and restrictions imposed by the Regulator on the exemption as varied; and any other prescribed information; and if a condition or restriction has been imposed on the exemption as varied, must include— the reasons for imposing the condition or restriction; and information about the right of review under Part 7 ; and if the application has been refused, must include— the reasons for the decision to refuse to grant the application; and information about the right of review under Part 7 ; and if the relevant period in relation to an application has been extended, must include information about the right of review under Part 7 . In this section— relevant period , in relation to an application, means— 6 months after the application was received by the Regulator; or if the Regulator requested further information, 6 months, or such other period, as is agreed between the Regulator and the applicant, after the Regulator receives the last information so requested; or if the Regulator, by written notice given to the applicant before the expiry of the relevant 6 months, specifies another period, that period, whichever is the longer. (sec.209-ssec.1) Subject to this section, the Regulator must, within the relevant period— if the Regulator is satisfied as to the matters referred to in section 206 (so far as they are applicable to the proposed variation)—notify the applicant that the exemption has been varied, with or without conditions or restrictions; or if the Regulator is not so satisfied—notify the applicant that the application has been refused. (sec.209-ssec.2) Notification under this section— must be in writing and given to the applicant; and if the exemption has been varied, must specify— the prescribed details of the applicant; and the variation to the exemption so far as it applies to the scope and nature of the railway operations, or the manner in which they are to be carried out; and any conditions and restrictions imposed by the Regulator on the exemption as varied; and any other prescribed information; and if a condition or restriction has been imposed on the exemption as varied, must include— the reasons for imposing the condition or restriction; and information about the right of review under Part 7 ; and if the application has been refused, must include— the reasons for the decision to refuse to grant the application; and information about the right of review under Part 7 ; and if the relevant period in relation to an application has been extended, must include information about the right of review under Part 7 . (sec.209-ssec.3) In this section— relevant period , in relation to an application, means— 6 months after the application was received by the Regulator; or if the Regulator requested further information, 6 months, or such other period, as is agreed between the Regulator and the applicant, after the Regulator receives the last information so requested; or if the Regulator, by written notice given to the applicant before the expiry of the relevant 6 months, specifies another period, that period, whichever is the longer.