PART IVD | GENERAL PROVISIONS RELATING TO LICENCES |
| Constitution of partnership or company to be licensed |
| 22C.—(1) If the applicant for a licence under Part IVA or IVB is a partnership, all the partners of the partnership must be approved by the Council before the licence may be granted or renewed. [37/2005] (2) If the applicant for a licence under Part IVA or IVB is a limited liability partnership —| (a) | all the partners of the limited liability partnership must be approved by the Council; and | | (b) | where any partner is a company, all the directors of that company must be approved by the Council, |
| before the licence may be granted or renewed. |
[37/2005] |
| (3) If the applicant for a licence under Part IVA or IVB is a company, all the directors of the company must be approved by the Council before the licence may be granted or renewed. [37/2005] |
| (4) No person shall be appointed to be a new partner or director of a licensee unless such person is approved by the Council. [37/2005] |
(5) Every licensee to whom a licence has been granted under Part IVA or IVB shall inform the Council of —| (a) | if the licensee is a partnership, the withdrawal by, or the expulsion of, any partner from the partnership; | | (b) | if the licensee is a limited liability partnership, the withdrawal by, or the expulsion of, any partner from the limited liability partnership and, where any partner is a company, the resignation or removal of any director of that company; | | (c) | if the licensee is a company, the resignation or removal of any director of the company; and | | (d) | if the licensee is a partnership, limited liability partnership or company, the death of any partner or director. [37/2005] |
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| Licensee to submit accounts |
22D.—(1) Every licensee to whom a licence has been granted under Part IVA or IVB shall submit —| (a) | a copy of the balance-sheet and of the profit and loss account for the financial year which have been respectively audited by the licensee’s auditors (including every document required by law to be annexed or attached thereto) and certified to be a true copy by —| (i) | the licensee; | | (ii) | if the licensee is a partnership, a partner of the partnership; | | (iii) | if the licensee is a limited liability partnership, a partner or manager of the limited liability partnership, as the case may be; or | | (iv) | if the licensee is a company, a director or the manager or the secretary of the company, as the case may be; and |
| | (b) | a certified copy of the report of the auditors thereon, |
| within 3 months after the close of each financial year of the licensee’s undertaking or within such extended period as the Council may approve. |
[37/2005] | (2) If the balance-sheet or profit and loss account is in a language other than English, there must also be annexed to it a translation in English certified to be a correct translation. [37/2005] |
| (3) If the balance-sheet or profit and loss account did not comply with the requirements of the law in force at the date of the audit, there shall be made such additions to and corrections in the copy in order to make it comply with the requirements, and the fact that the copy has been so amended shall be stated thereon. [37/2005] |
| (4) The licensee shall cause to be attached to the profit and loss account a statement or statements of the total revenue and expenditure of the licensee for the financial year containing such particulars and in such form as the Council may direct. [37/2005] |
(5) The statement or statements referred to in subsection (4) shall be duly audited and signed by —| (a) | the licensee; | | (b) | if the licensee is a partnership, a partner of the partnership; | | (c) | if the licensee is a limited liability partnership, a partner or manager of the limited liability partnership, as the case may be; or | | (d) | if the licensee is a company, not less than 2 of the directors of the company. [37/2005] |
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22E.—(1) The Council may issue or approve and, from time to time, modify codes of practice in connection with —| (a) | the operation or provision of any bus service or ticket payment service by licensees; | | (b) | the conduct of licensees; and | | (c) | the preservation and promotion of fair competition amongst operators of bus services or providers of ticket payment services. [37/2005] |
| (2) Every licensee shall comply with any code of practice issued, approved or modified by the Council under subsection (1), except that if any provision in any such code of practice is inconsistent with this Act, that provision shall not have effect to the extent of the inconsistency. [37/2005] |
| (3) The Council may, if the circumstances so warrant, exempt any licensee from any provision in any code of practice, whether unconditionally or subject to such conditions as the Council thinks fit to impose, and whether permanently or for such time as the Council may specify. [37/2005] |
| (4) Any code of practice issued, approved or modified by the Council shall be deemed not to be subsidiary legislation. [37/2005] |
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| Directions affecting licensee |
22F.—(1) The Council may give directions to be observed by licensees for or in respect of the following matters:| (a) | the extent, hours and general level of bus services or ticket payment services to be operated or provided by licensees; | | (b) | the operation or provision of bus services or ticket payment services by licensees; | | (c) | the preservation and promotion of fair competition amongst operators of bus services or providers of ticket payment services; and | | (d) | any other matters affecting the interests of the public in connection with the services provided by licensees. [37/2005] |
(2) Any direction given under subsection (1) —| (a) | may require the licensee concerned to do or to refrain from doing, as the case may be, such things as are specified in the direction or described therein; | | (b) | shall take effect at such time, being the earliest practicable time, as is determined by or under that direction; and | | (c) | may be revoked at any time by the Council. [37/2005] |
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(3) Before giving any direction to any licensee under subsection (1), the Council —| (a) | shall give notice to the licensee —| (i) | informing the licensee of the proposed direction and setting out its effect; and | | (ii) | specifying the time within which representations or objections to the proposed direction may be made by the licensee in connection with the proposed direction, |
| unless the Council, in respect of any particular direction, considers that it is not practicable or desirable that such notice be given; and |
| | (b) | shall consider any representation or objection which is duly made by the licensee in accordance with paragraph (a)(ii). [37/2005] |
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| (4) Every licensee shall comply with every direction given to him by the Council under this section. [37/2005] |
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| Modification of licence conditions |
| 22G.—(1) Subject to this section, the Council may, without any compensation, add to, delete or modify the conditions of a licence imposed under this Act. [37/2005] (2) Before making any addition to or deletion or modification of the conditions of a licence under subsection (1), the Council shall give notice to the licensee —| (a) | stating that it proposes to make the addition, deletion or modification in the manner specified in the notice; and | | (b) | specifying the time (not being less than 28 days from the date of service of the notice on such licensee) within which the licensee may make written representations to the Council with respect to the proposed addition, deletion or modification. [37/2005] |
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(3) Upon receipt of any written representation referred to in subsection (2)(b), the Council shall consider such representation and may —| (a) | reject the representation; | | (b) | amend the proposed addition, deletion or modification in such manner as it thinks fit having regard to the representation; or | | (c) | withdraw the proposed addition, deletion or modification. [37/2005] |
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(4) Where the Council —| (a) | rejects any written representation under subsection (3)(a); or | | (b) | amends any proposed addition, deletion or modification under subsection (3)(b), |
| the Council shall issue a direction in writing to the licensee requiring the licensee, within the time specified by the Council, to give effect to the addition, deletion or modification as specified in the notice or as amended by the Council, as the case may be. |
[37/2005] |
(5) The Council shall not enforce its direction —| (a) | during the period referred to in section 22I(1); and | | (b) | whilst the appeal of the licensee is under consideration by the Minister. [37/2005] |
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| (6) If no written representation is received by the Council within the time specified in subsection (2)(b) or if any written representation made under that subsection is subsequently withdrawn, the Council may immediately carry out the addition to or deletion or modification of the conditions of the licence as specified in the notice given to the licensee under subsection (2). [37/2005] |
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| Suspension or cancellation of licence, etc. |
22H.—(1) Subject to subsection (2), if any licensee —| (a) | contravenes or fails to secure the compliance by his employees, agents or contractors with —| (i) | any condition of a bus service licence or bus service operator’s licence; | | (ii) | any condition of a ticket payment service licence; or | | (iii) | any provision of this Act; |
| | (b) | in the opinion of the Council, fails or is likely to fail to provide and maintain —| (i) | an adequate and satisfactory bus service; or | | (ii) | an adequate, satisfactory, secure and efficient ticket payment service; |
| | (c) | goes into compulsory or voluntary liquidation other than for the purpose of reconstruction or amalgamation; | | (d) | makes any assignment to, or composition with, his creditors; | | (e) | fails to comply with any code of practice issued, approved or modified under section 22E; or | | (f) | fails to comply with any direction given under section 22F, |
| the Council may, by notice in writing and without any compensation, do all or any of the following: |
| (A) | suspend or cancel the licence of the licensee; | | (B) | forfeit the whole or any part of any security deposit or performance bond paid to the Council by the licensee or by his bank pursuant to a bank guarantee; | | (C) | require the licensee to pay, within a specified period, a financial penalty of such amount not exceeding $100,000 for each contravention or breach as the Council thinks fit. [37/2005] |
| (2) The Council shall not impose any financial penalty under subsection (1)(C) on any licensee by reason only that under subsection (1)(b) the Council is of the opinion that the licensee is likely to fail to provide and maintain an adequate and satisfactory bus service or an adequate, satisfactory, secure and efficient ticket payment service, as the case may be. [37/2005] |
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22I.—(1) Any licensee aggrieved by —| (a) | any refusal by the Council to renew a licence under section 16(3) or 19(3); | | (b) | any condition imposed by the Council under section 21(1)(e); | | (c) | any decision of the Council made under section 22A(4), 22B(1) or 22H(1)(A), (B) or (C); | | (d) | anything contained in any code of practice issued, approved or modified by the Council under section 22E; or | | (e) | any direction given by the Council under section 22F or issued by the Council under section 22G(4), |
| may, within 14 days of the receipt of the notice relating to the relevant matter, appeal to the Minister. |
[37/2005] | (2) Unless otherwise provided, where an appeal is lodged under this section, the decision, direction or other thing appealed against shall be complied with until the determination of the appeal. [37/2005] |
| (3) The Minister may determine an appeal under this section by confirming, varying or reversing any decision or direction of the Council or by amending any condition imposed or code of practice issued, approved or modified by the Council. [37/2005] |
| (4) The decision of the Minister in any appeal shall be final. [37/2005] |
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