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Contents (2008 - 97)
Rail Safety Act 2008 No 97
Repealed version for 7 December 2012 to 19 January 2013 (accessed 18 December 2017 at 04:41)
Part 3 Division 2 Section 42
42   Determination of application
(1)  The ITSRR must, within the relevant period after an application for accreditation is made:
(a)  if the ITSRR is satisfied as to the matters referred to in section 39 and, if applicable, section 40, grant accreditation to the applicant with or without any conditions or restrictions, or
(b)  if the ITSRR is not so satisfied, refuse the application.
(2)  A notice granting accreditation must be in writing in the approved form and must specify:
(a)  the prescribed details of the applicant, and
(b)  the scope and nature of the railway operations in respect of which the accreditation is granted, and
(c)  any conditions and restrictions imposed by the ITSRR on the grant of accreditation, and
(d)  any other information prescribed by the regulations.
(3)  A notice refusing an application for accreditation, or imposing a condition or restriction on an accreditation, must include:
(a)  the reasons for the decision to refuse to grant the application or impose the condition or restriction, and
(b)  information about the right of review under section 157.
(4)  A notice under subsection (5) (c) extending a period must include information about the right of review under section 157.
(5)  In this section, relevant period, in relation to an application, means:
(a)  6 months after the application was received by the ITSRR, or
(b)  if the ITSRR requested further information, 6 months, or such other period, as is agreed between the ITSRR and the applicant, after the ITSRR receives the last information so requested, or
(c)  if the ITSRR, by notice in writing given to the applicant before the expiry of the relevant 6 months, specifies another period, that period,
whichever is the longer.