The Public Service Vehicles (Operators’ Licences) (Fees) (Amendment) Regulations 2010

Section 1Citation, commencement and interpretation

(1) These Regulations may be cited as the Public Service Vehicles (Operators’ Licences) (Fees) (Amendment) Regulations 2010 and come into force on 1st April 2010.

(2) In these Regulations, “the principal Regulations ” means the Public Service Vehicles (Operators’ Licences) (Fees) Regulations 1995 .

Section 2Amendments to the Public Service Vehicles (Operators’ Licences) (Fees) Regulations 1995

(1) The principal Regulations are amended as follows.
(2) In regulation 2 the definitions of “the 1995 Regulations”, “five yearly anniversary”, “notice of election”, and “one yearly anniversary” are omitted.
(3) In regulation 3, paragraph (4) is omitted.
(4) Regulation 4 is omitted.
(5) In the Schedule, fee number (ix) is omitted.

Section 3Refunds

(1) For the purposes of these Regulations—
(a) a licence has “ceased to be in force” where it has been revoked under section 17(1) or (2) of the Public Passenger Vehicles Act 1981 , or has been surrendered or otherwise terminated under that Act or any other enactment;
(b) “an earlier refund” is a refund payment made, before 1st April 2010, under regulation 4 of the principal Regulations as they had effect before the coming into force of these Regulations;
(c) the “effective date” of an earlier refund is to be determined in accordance with section A of Part 3 of the Schedule.
(d) subject to paragraph (4), “the monthly rate” is F÷N, where F is the relevant fee payment and N is the number of months in the relevant fee period;
(e) a “relevant fee payment ” is a payment made at the rate applicable before 20th April 2009 in respect of fee numbers (iii), (iv) or (vi) in the Schedule to the principal Regulations as they had effect before that date;
(f) the “relevant fee period” in respect of a relevant fee payment is determined in accordance with paragraph (8);
(g) “five yearly anniversary” and “one yearly anniversary” are to have the meaning given by paragraph (9).
(2) Subject to paragraphs (4), (5) and (6), a refund calculated in accordance with the formula set out in Part 1 of the Schedule, is to be paid in respect of that part of any relevant fee payment which relates to any part of a relevant fee period occurring after 31st March 2010.
(3) Subject to paragraphs (4), (5) and (7), a refund calculated in accordance with the formula set out in Part 2 of the Schedule, is to be paid in respect of that part of any relevant fee payment which relates to any part of a relevant fee period occurring after 31st March 2009 and before 1st April 2010.
(4) Where there has been an earlier refund, the monthly rate is to be adjusted, for the purpose of calculating the refund due under paragraph (2) or (3), as follows —
(a) the monthly rate is to be applied in full only to that part of the relevant fee period occurring before the effective date of the first or only earlier refund; and
(b) a deduction, or successive deductions, calculated in accordance with section B of Part 3 of the Schedule, is to be made to the monthly rate, for the period beginning on the effective date of each earlier refund and ending on the last day of the relevant fee period.
(5) Where there was an entitlement in respect of a relevant fee payment to a refund under regulation 4 of the principal Regulations, as they had effect before the coming into force of these Regulations, but none was made before 1st April 2010, any refund paid in respect of that relevant fee payment under paragraph (2) or (3) is to discharge an equivalent amount of that entitlement.
(6) Paragraph (2) does not apply where a licence has ceased to be in force before the coming into force of these Regulations.
(7) Where a licence has ceased to be in force before the coming into force of these Regulations payment of a refund under paragraph (3) is to be made only —
(a) if an application in writing for that refund has been made to a traffic commissioner and
(b) in respect of complete months in the period before the licence ceases to be in force or before the effective date of an earlier refund (if earlier).
(8) The “relevant fee period”—
(a) for a relevant fee payment in respect of fee number (iii) is the period—
(i) beginning with the date the decision was made on the application for the grant of the licence in question; and
(ii) ending—
(aa) where the fee was payable in annual instalments, on the day immediately before the next one yearly anniversary falling on or after 20th April 2009; or
(bb) in every other case, on the day immediately before the next five yearly anniversary falling on or after 20th April 2009.
(b) for a relevant fee payment in respect of fee number (iv)—
(i) where the fee was payable in annual instalments, is the period beginning on the last one yearly anniversary falling before 20th April 2009 and ending on the day immediately before the next one yearly anniversary falling on or after that date; and
(ii) in every other case, is the period beginning on the last five yearly anniversary falling before 20th April 2009 and ending on the day immediately before the next five yearly anniversary falling on or after that date;
(c) for a relevant fee payment in respect of fee number (vi) is the period during which any disc in respect of which the payment was made was expressed to be in force.
(9) For the purposes of these Regulations—
(a) “five yearly anniversary” has the meaning it had in the principal Regulations before the coming into force of these Regulations, but with the omission of the words “where no notice of election is in force”; and
(b) “one yearly anniversary” has the meaning it had in those Regulations, but with the omission of the words “where a notice of election is in force”.

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