§ 31 — Grant or renewal of licences

31.—(1) After considering any application for or to renew a licence, the LTA may —(a)

on payment of —(i)

a licence fee (if prescribed), grant the applicant the licence applied for; or

(ii)

a renewal fee or late renewal fee (if prescribed), renew the licence; or

(b)

refuse to grant or renew the licence, as the case may be.

(2) In deciding whether to grant or renew a licence under subsection (1), and the conditions to impose or modify, the LTA must have regard to, and give such weight as the LTA considers appropriate to, the following matters:(a)

whether the applicant is a railway assets operator in the case of an application for a railway assets operating licence, or has a cross‑border train service contract in the case of an application for a cross‑border train service licence;

(b)

the applicant’s capacity to do the following in a safe and secure manner:(i)

to manage the railway assets of, and provide open network services of the type to be specified in the licence on, the cross‑border railway in the application; or

(ii)

to provide a cross‑border train service on the cross‑border railway in the application.

(3) To avoid doubt, the LTA is not confined to considering the matters specified in subsection (2) and may take into account such other matters and evidence as may be relevant.

(4) Without prejudice to subsection (1), the LTA may grant a renewal of a licence with or without modifying the conditions of the licence, but section 35 does not apply to or in relation to granting a renewal of a licence with modifications to the conditions of the original licence.

—(1) After considering any application for or to renew a licence, the LTA may —(a)

on payment of —(i)

a licence fee (if prescribed), grant the applicant the licence applied for; or

(ii)

a renewal fee or late renewal fee (if prescribed), renew the licence; or

(b)

refuse to grant or renew the licence, as the case may be.

(2) In deciding whether to grant or renew a licence under subsection (1), and the conditions to impose or modify, the LTA must have regard to, and give such weight as the LTA considers appropriate to, the following matters:(a)

whether the applicant is a railway assets operator in the case of an application for a railway assets operating licence, or has a cross‑border train service contract in the case of an application for a cross‑border train service licence;

(b)

the applicant’s capacity to do the following in a safe and secure manner:(i)

to manage the railway assets of, and provide open network services of the type to be specified in the licence on, the cross‑border railway in the application; or

(ii)

to provide a cross‑border train service on the cross‑border railway in the application.

(3) To avoid doubt, the LTA is not confined to considering the matters specified in subsection (2) and may take into account such other matters and evidence as may be relevant.

(4) Without prejudice to subsection (1), the LTA may grant a renewal of a licence with or without modifying the conditions of the licence, but section 35 does not apply to or in relation to granting a renewal of a licence with modifications to the conditions of the original licence.