sch.28-sec.8Eligibility criteria

### sch.28-sec.8 Eligibility criteria An applicant is eligible for assistance under the scheme if— on 16 June 2020, the applicant was recorded in the licence register as the holder of a relevant licence; or the applicant has been declared, under section 19 , to be the holder of a relevant licence. For subsection (1) (a) , if 2 or more persons hold a relevant licence, the persons are collectively the holder of the relevant licence. Also, an applicant is eligible for assistance under the scheme if— all of the following apply— the applicant was an operator on 16 June 2020; on 16 June 2020— the applicant was recorded in the licence register as the holder of a relevant licence and the licence was not subject to a lease or a relevant agreement; or the applicant was recorded in the licence register as the ultimate lessee of a relevant licence and the licence was subject to a lease but not subject to a relevant agreement; or the applicant was a party to a relevant agreement about a relevant licence under which the applicant was responsible for the majority of the costs associated with providing the services of a taxi or limousine under the licence; the relevant licence mentioned in subparagraph (ii) (A) , (B) or (C) had a taxi or limousine stated in it on 10 March 2020; or the applicant has been declared, under section 19 , to be the operator of a relevant licence. Further, an applicant is eligible for assistance under the scheme if, on 16 June 2020— the applicant was an operator; and the applicant was a party to a relevant agreement about a relevant licence under which the applicant was responsible for half of the costs associated with providing the services of a taxi or limousine under the licence; and the relevant licence that was the subject of the relevant agreement mentioned in paragraph (b) had a taxi or limousine stated in it on 10 March 2020. In this section— relevant agreement , about a taxi service licence or limousine licence, means a written agreement between a person mentioned in subsection (3) (a) (ii) (A) or (B) (the first party ) and another person (the second party ) under which— the parties agree to apportion the costs associated with providing the services of a taxi or limousine under the licence; and the second party has made a payment to the first party for the right to provide the services of a taxi or limousine under the relevant licence. sch 28 s 8 prev sch 28 s 8 ins 2015 SL No. 148 s 7 om 2019 SL No. 71 s 59 sch 1 pres sch 28 s 8 ins 2020 SL No. 149 s 4 (sch.28-sec.8-ssec.1) An applicant is eligible for assistance under the scheme if— on 16 June 2020, the applicant was recorded in the licence register as the holder of a relevant licence; or the applicant has been declared, under section 19 , to be the holder of a relevant licence. (sch.28-sec.8-ssec.2) For subsection (1) (a) , if 2 or more persons hold a relevant licence, the persons are collectively the holder of the relevant licence. (sch.28-sec.8-ssec.3) Also, an applicant is eligible for assistance under the scheme if— all of the following apply— the applicant was an operator on 16 June 2020; on 16 June 2020— the applicant was recorded in the licence register as the holder of a relevant licence and the licence was not subject to a lease or a relevant agreement; or the applicant was recorded in the licence register as the ultimate lessee of a relevant licence and the licence was subject to a lease but not subject to a relevant agreement; or the applicant was a party to a relevant agreement about a relevant licence under which the applicant was responsible for the majority of the costs associated with providing the services of a taxi or limousine under the licence; the relevant licence mentioned in subparagraph (ii) (A) , (B) or (C) had a taxi or limousine stated in it on 10 March 2020; or the applicant has been declared, under section 19 , to be the operator of a relevant licence. (sch.28-sec.8-ssec.4) Further, an applicant is eligible for assistance under the scheme if, on 16 June 2020— the applicant was an operator; and the applicant was a party to a relevant agreement about a relevant licence under which the applicant was responsible for half of the costs associated with providing the services of a taxi or limousine under the licence; and the relevant licence that was the subject of the relevant agreement mentioned in paragraph (b) had a taxi or limousine stated in it on 10 March 2020. (sch.28-sec.8-ssec.5) In this section— relevant agreement , about a taxi service licence or limousine licence, means a written agreement between a person mentioned in subsection (3) (a) (ii) (A) or (B) (the first party ) and another person (the second party ) under which— the parties agree to apportion the costs associated with providing the services of a taxi or limousine under the licence; and the second party has made a payment to the first party for the right to provide the services of a taxi or limousine under the relevant licence. - (a) on 16 June 2020, the applicant was recorded in the licence register as the holder of a relevant licence; or - (b) the applicant has been declared, under section 19 , to be the holder of a relevant licence. - (a) all of the following apply— (i) the applicant was an operator on 16 June 2020; (ii) on 16 June 2020— (A) the applicant was recorded in the licence register as the holder of a relevant licence and the licence was not subject to a lease or a relevant agreement; or (B) the applicant was recorded in the licence register as the ultimate lessee of a relevant licence and the licence was subject to a lease but not subject to a relevant agreement; or (C) the applicant was a party to a relevant agreement about a relevant licence under which the applicant was responsible for the majority of the costs associated with providing the services of a taxi or limousine under the licence; (iii) the relevant licence mentioned in subparagraph (ii) (A) , (B) or (C) had a taxi or limousine stated in it on 10 March 2020; or - (i) the applicant was an operator on 16 June 2020; - (ii) on 16 June 2020— (A) the applicant was recorded in the licence register as the holder of a relevant licence and the licence was not subject to a lease or a relevant agreement; or (B) the applicant was recorded in the licence register as the ultimate lessee of a relevant licence and the licence was subject to a lease but not subject to a relevant agreement; or (C) the applicant was a party to a relevant agreement about a relevant licence under which the applicant was responsible for the majority of the costs associated with providing the services of a taxi or limousine under the licence; - (A) the applicant was recorded in the licence register as the holder of a relevant licence and the licence was not subject to a lease or a relevant agreement; or - (B) the applicant was recorded in the licence register as the ultimate lessee of a relevant licence and the licence was subject to a lease but not subject to a relevant agreement; or - (C) the applicant was a party to a relevant agreement about a relevant licence under which the applicant was responsible for the majority of the costs associated with providing the services of a taxi or limousine under the licence; - (iii) the relevant licence mentioned in subparagraph (ii) (A) , (B) or (C) had a taxi or limousine stated in it on 10 March 2020; or - (b) the applicant has been declared, under section 19 , to be the operator of a relevant licence. - (i) the applicant was an operator on 16 June 2020; - (ii) on 16 June 2020— (A) the applicant was recorded in the licence register as the holder of a relevant licence and the licence was not subject to a lease or a relevant agreement; or (B) the applicant was recorded in the licence register as the ultimate lessee of a relevant licence and the licence was subject to a lease but not subject to a relevant agreement; or (C) the applicant was a party to a relevant agreement about a relevant licence under which the applicant was responsible for the majority of the costs associated with providing the services of a taxi or limousine under the licence; - (A) the applicant was recorded in the licence register as the holder of a relevant licence and the licence was not subject to a lease or a relevant agreement; or - (B) the applicant was recorded in the licence register as the ultimate lessee of a relevant licence and the licence was subject to a lease but not subject to a relevant agreement; or - (C) the applicant was a party to a relevant agreement about a relevant licence under which the applicant was responsible for the majority of the costs associated with providing the services of a taxi or limousine under the licence; - (iii) the relevant licence mentioned in subparagraph (ii) (A) , (B) or (C) had a taxi or limousine stated in it on 10 March 2020; or - (A) the applicant was recorded in the licence register as the holder of a relevant licence and the licence was not subject to a lease or a relevant agreement; or - (B) the applicant was recorded in the licence register as the ultimate lessee of a relevant licence and the licence was subject to a lease but not subject to a relevant agreement; or - (C) the applicant was a party to a relevant agreement about a relevant licence under which the applicant was responsible for the majority of the costs associated with providing the services of a taxi or limousine under the licence; - (a) the applicant was an operator; and - (b) the applicant was a party to a relevant agreement about a relevant licence under which the applicant was responsible for half of the costs associated with providing the services of a taxi or limousine under the licence; and - (c) the relevant licence that was the subject of the relevant agreement mentioned in paragraph (b) had a taxi or limousine stated in it on 10 March 2020. - (a) the parties agree to apportion the costs associated with providing the services of a taxi or limousine under the licence; and - (b) the second party has made a payment to the first party for the right to provide the services of a taxi or limousine under the relevant licence.