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Contents (2008 - 97)
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Rail Safety Act 2008 No 97
Repealed version for 7 December 2012 to 19 January 2013 (accessed 10 December 2019 at 10:59)
Part 3 Division 4 Section 56
56   Determination of application for variation of accreditation
(1)  The ITSRR must, within the relevant period after an application for variation of an accreditation is made:
(a)  if the ITSRR is satisfied as to the matters referred to in sections 39 and 40, so far as they are applicable to the proposed variation, vary the accreditation, with or without any conditions or restrictions, or
(b)  if the ITSRR is not so satisfied, refuse the application.
(2)  A notice varying an accreditation must be in writing in the approved form and must specify:
(a)  the prescribed details of the applicant, and
(b)  the variation to the accreditation so far as it applies to the scope and nature of the railway operations, and
(c)  any conditions and restrictions imposed by the ITSRR on the accreditation as varied, and
(d)  any other information prescribed by the regulations.
(3)  A notice refusing an application, or imposing a condition or restriction, must include:
(a)  the reasons for the decision to refuse to grant the application for variation or imposing the condition or restriction, and
(b)  information about the right of review under section 157.
(4)  A notice under subsection (5) 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.