40
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Transport
15 & 16 GEO. 6
& 1 ELIZ. 2
A.D. 1952 1ST SCH.
cont.
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(b) gives particulars of the agreement to the licensing authority
by whom the licence was granted; and
(c) makes an application to the end that, as from the date of the delivery of the vehicles to the assignee, the licence shall be revoked or so varied as not to authorise the use of the 5 vehicles (or any vehicles substituted therefor in the licence), or, in so far as the vehicles are trailers, so as to reduce the number of trailers by the number of trailers agreed to be assigned,
the proposed assignee shall have the same rights under the preceding 10 provisions of this Part of this Schedule, for the purpose of obtaining a new special A licence with respect to the assigned vehicles or vehicles substituted therefor, as he would have if he were the purchaser of a transport unit consisting of the assigned vehicles and the date of delivery were the same date as the date of delivery under the assign- 15 ment, so, however, that the five year period shall be calculated as from the date of the original delivery of the vehicles ör, as the case may be, the vehicles corresponding thereto, as or as part of a transport unit.
An application made under sub-paragraph (c) of this paragraph shall not be withdrawn unless the licensing authority, being satisfied 20 that the assignment has not taken place, and will not take place, permits it to be withdrawn, and, where permission is given, this paragraph shall not apply to that agreement.
9: Any person who, by virtue of regulations made under section twenty-one of the Road and Rail Traffic Act, 1933, is deemed 25 temporarily to be the holder of a special A licence shall have the same rights under the preceding provisions of this Part of this Schedule, for the purpose of obtaining a new special A licence with respect to the authorised vehicles or vehicles substituted therefor, as he would have if he were the purchaser of a transport unit consisting of the 30 authorised vehicles and the date of delivery were the date on which he ceased to be deemed to be the holder of that licence, so, however, that the five year period shall be calculated from the date of the original delivery of the vehicles or, as the case may be, the vehicles corres- ponding thereto, as or as part of a transport unit.
Interpretation
35
10. Where the purchaser of a transport unit is, within the meaning of section twelve of the Road and Rail Traffic Act, 1933, a subsidiary or holding company, the references in paragraphs 1 and 2 of this Part of this Schedule to the making of applications by the purchaser 40 of a transport unit shall include references to the making of applications by the holding company in accordance with the said section twelve and, in relation to a special A licence held by such a holding company, paragraph 8 of this Part of this Schedule shall have effect as if any agreement to assign, or assignment of, any of the authorised vehicles by the subsidiary company were an agreement or assignment by the holding company.
45
11. The references in paragraphs 1 and 2 of this Part of this Schedule to the purchaser of a transport unit shall include references to a person who, on the death, incapacity, bankruptcy or liquidation of the 50
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61
A