The Secretary of State may, after consultation with the Office of Rail and Road ... , by order grant exemption from the requirement to be authorised by licence to be the operator of such railway assets, or of railway assets of such a class or description, as may be specified in the order, but subject to compliance with such conditions (if any) as may be so specified.
A licence exemption under subsection (1) above may be granted either—
and a licence exemption granted to persons of a particular class or description shall be published in such manner as the Secretary of State considers appropriate for bringing it to the attention of persons of that class or description.
If any person makes an application under this subsection to the Office of Rail and Road for the grant of an exemption from the requirement to be authorised by licence to be the operator of such railway assets, or of railway assets of such a class or description, as he may specify in the application, the Office of Rail and Road, after consultation with the Secretary of State ... —
Before granting a licence exemption under subsection (3) above, the Office of Rail and Road shall give notice—
and shall consider any representations or objections which are duly made and not withdrawn.
A notice under subsection (4) above shall be given by publishing the notice in such manner as the Office of Rail and Road considers appropriate for bringing it to the attention of persons likely to be affected by the grant of the licence exemption.
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If any condition (the "broken condition") of a licence exemption is not complied with—
may give to any relevant person a direction declaring that the licence exemption is revoked, so far as relating to that person, to such extent and as from such date as may be specified in the direction.
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For the purposes of this section—
"condition", in relation to a licence exemption, means any condition subject to compliance with which the licence exemption was granted;
"relevant person", in the case of any licence exemption, means a person who has the benefit of the licence exemption and who—
(a)is a person who failed to comply with the broken condition or with respect to whom the broken condition is not complied with; or
(b)is the operator of any of the railway assets in relation to which the broken condition is not complied with.
Where the Secretary of State or the Office of Rail and Road gives a direction under subsection (6) above to any person, he or it may also direct that person to refrain from being the operator of any railway assets or of such railway assets, or railway assets of such a class or description, as may be specified in the direction by virtue of this subsection.
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Subject to subsection (6) above, a licence exemption, unless previously revoked in accordance with any term contained in the licence exemption, shall continue in force for such period as may be specified in, or determined by or under, the licence exemption.
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Any application for a licence exemption under subsection (3) above must be made in writing; and where any such application is made, the Office of Rail and Road may require the applicant to furnish him with such information as the Office of Rail and Road may consider necessary to enable it to decide whether to grant or refuse the licence exemption.
Licence exemptions may make different provision, or be granted subject to compliance with different conditions, for different cases.
In this Part "licence exemption" means an exemption, granted under any provision of this section in respect of a railway asset or in respect of railway assets of any class or description, from the requirement to be authorised by licence to be the operator of that railway asset or, as the case may be, railway assets of that class or description.