Document ID: chunk:federal_register_of_legislation:F2016C00700:clause:1_49
Version: federal_register_of_legislation:F2016C00700
Segment Type: clause
Provision Reference: sch 1 cl 49
Character Range: 63737–65749

49  Determination of application for variation
 (1) Subject to this section, the Rail Safety Regulator must, within the relevant period, give to the applicant—
 (a) if the Rail Safety Regulator is satisfied as to the matters referred to in sections 34 and 35 so far as they are applicable to the proposed variation, notice in writing in the prescribed form varying the accreditation, with or without any conditions or restrictions; or
 (b) if the Rail Safety Regulator is not so satisfied, notice in writing refusing the application.
 (2) A notice under sub‑section (1) varying an accreditation must—
 (a) specify the prescribed details of the applicant; and
 (b) specify the variation to the accreditation so far as it applies to the scope and nature of the railway operations, or the manner in which they are to be carried out; and
 (c) specify any conditions and restrictions imposed by the Rail Safety Regulator on the accreditation as varied; and
 (d) specify any other prescribed information.
 (3) A notice—
 (a) under sub‑section (1) refusing an application, or imposing a condition or restriction, must include—
 (i) the reasons for the decision to refuse to grant the application for variation or imposing the condition or restriction,; and
 (ii) information about the right of review under Part 6;
 (b) under sub‑section (4)(c) extending a period, must include information about the right of review under Part 6.
 (4) In this section, relevant period, in relation to an application, means—
 (a) 6 months after the application was received by the Rail Safety Regulator; or
 (b) if the Rail Safety Regulator requested further information, 6 months, or such other period, as is agreed between the Rail Safety Regulator and the applicant, after the Rail Safety Regulator receives the last information so requested; or
 (c) if the Rail Safety Regulator, 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.