sch.28-sec.19Declarations

### sch.28-sec.19 Declarations The transport chief executive may, by notice given to the authority, declare that 1 or more stated persons are— the holder of a relevant licence; or the operator of a relevant licence; or the holder of a relevant booking entity authorisation. The transport chief executive may make a declaration under subsection (1) (a) in relation to a person or persons only if satisfied— before 16 June 2020, the relevant licence was transferred to the person or persons and approval for the transfer was given under the Transport Operations (Passenger Transport) Regulation 2018 , section 161 ; or both of the following apply— the relevant licence is vested in, or has been transferred to, the person or persons whether by operation of law or otherwise; having regard to the matters relating to the vesting or transfer, the transport chief executive is satisfied the person or persons should be declared to be the relevant holder of the licence. If a relevant licence is vested in the executor of a deceased estate, the transport chief executive may be satisfied the executor should be declared to be the holder of the licence. The transport chief executive may make a declaration under subsection (1) (b) or (c) in relation to 1 or more stated persons only if satisfied it is appropriate, having regard to the purpose of this scheme, to make the declaration. If a declaration under subsection (1) (a) , (b) or (c) is made in relation to 2 or more stated persons, the persons are collectively taken to be declared to be— the holder of the relevant licence; or the operator of the relevant licence; or the holder of the relevant booking entity authorisation. The transport chief executive must, within 28 days after making a declaration under this section, give notice of the declaration to any person whose interests are affected by the declaration. sch 28 s 19 ins 2020 SL No. 149 s 4 (sch.28-sec.19-ssec.1) The transport chief executive may, by notice given to the authority, declare that 1 or more stated persons are— the holder of a relevant licence; or the operator of a relevant licence; or the holder of a relevant booking entity authorisation. (sch.28-sec.19-ssec.2) The transport chief executive may make a declaration under subsection (1) (a) in relation to a person or persons only if satisfied— before 16 June 2020, the relevant licence was transferred to the person or persons and approval for the transfer was given under the Transport Operations (Passenger Transport) Regulation 2018 , section 161 ; or both of the following apply— the relevant licence is vested in, or has been transferred to, the person or persons whether by operation of law or otherwise; having regard to the matters relating to the vesting or transfer, the transport chief executive is satisfied the person or persons should be declared to be the relevant holder of the licence. If a relevant licence is vested in the executor of a deceased estate, the transport chief executive may be satisfied the executor should be declared to be the holder of the licence. (sch.28-sec.19-ssec.3) The transport chief executive may make a declaration under subsection (1) (b) or (c) in relation to 1 or more stated persons only if satisfied it is appropriate, having regard to the purpose of this scheme, to make the declaration. (sch.28-sec.19-ssec.4) If a declaration under subsection (1) (a) , (b) or (c) is made in relation to 2 or more stated persons, the persons are collectively taken to be declared to be— the holder of the relevant licence; or the operator of the relevant licence; or the holder of the relevant booking entity authorisation. (sch.28-sec.19-ssec.5) The transport chief executive must, within 28 days after making a declaration under this section, give notice of the declaration to any person whose interests are affected by the declaration. - (a) the holder of a relevant licence; or - (b) the operator of a relevant licence; or - (c) the holder of a relevant booking entity authorisation. - (a) before 16 June 2020, the relevant licence was transferred to the person or persons and approval for the transfer was given under the Transport Operations (Passenger Transport) Regulation 2018 , section 161 ; or - (b) both of the following apply— (i) the relevant licence is vested in, or has been transferred to, the person or persons whether by operation of law or otherwise; (ii) having regard to the matters relating to the vesting or transfer, the transport chief executive is satisfied the person or persons should be declared to be the relevant holder of the licence. Example for paragraph (b) — If a relevant licence is vested in the executor of a deceased estate, the transport chief executive may be satisfied the executor should be declared to be the holder of the licence. - (i) the relevant licence is vested in, or has been transferred to, the person or persons whether by operation of law or otherwise; - (ii) having regard to the matters relating to the vesting or transfer, the transport chief executive is satisfied the person or persons should be declared to be the relevant holder of the licence. - (i) the relevant licence is vested in, or has been transferred to, the person or persons whether by operation of law or otherwise; - (ii) having regard to the matters relating to the vesting or transfer, the transport chief executive is satisfied the person or persons should be declared to be the relevant holder of the licence. - (a) the holder of the relevant licence; or - (b) the operator of the relevant licence; or - (c) the holder of the relevant booking entity authorisation.