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New Part VB
17.  The principal Act is amended by inserting, immediately after section 111J, the following Part:
PART VB
LICENSING OF BUS INTERCHANGE OPERATORS
Interpretation of this Part
111K.  In this Part, unless the context otherwise requires ––
“bus interchange” means a terminal or station with purpose-built facilities for the commencement or termination of one or more bus services and for the boarding or alighting of bus passengers;
“bus service” means a service that is provided to any person upon the payment of a fare using one or more buses operating on predetermined timetables and routes;
“bus service licensee” means the holder of a bus service licence within the meaning of the Public Transport Council Act (Cap. 259B);
“licence” means a licence granted under section 111M;
“licensee” means the holder of a licence.
Operating bus interchange without licence
111L.
—(1)  No person except the Authority or a licensee shall operate any bus interchange.
(2)  Any person who operates any bus interchange in contravention of subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part thereof during which the offence continues after conviction.
(3)  Notwithstanding anything to the contrary in the Criminal Procedure Code (Cap. 68), a District Court shall have jurisdiction to try any offence under this Part and shall have the power to impose the full penalty or punishment in respect of any such offence.
Licence to operate bus interchange
111M.
—(1)  Subject to the provisions of this Part, the Authority may, on the application of any person, grant a licence to that person to operate any bus interchange for such period as may be specified in the licence.
(2)  An application under subsection (1) shall be made to the Authority in such form and manner as the Authority may require.
(3)  A licensee shall be authorised under this Act to operate the bus interchange specified in the licence for the period specified in the licence unless the licence is earlier revoked, cancelled or suspended under the provisions of this Act.
(4)  The fee for a licence to operate any bus interchange shall be such amount as may be prescribed.
Matters to be considered by Authority in granting licence
111N.  In exercising its discretion to grant a licence, the Authority shall have regard to the financial standing of the applicant and his ability to maintain and operate an adequate, satisfactory, safe and efficient bus interchange.
Conditions of licence
111O.  In granting a licence, the Authority may impose such conditions as it thinks fit, including conditions relating to —
(a)
the extent, hours and general level of service;
(b)
the maintenance and operation of the bus interchange and any equipment therein;
(c)
the safety and security of persons using or engaged in any work at the bus interchange;
(d)
the maximum fees payable to the licensee by bus service licensees;
(e)
the conditions and use of the bus interchange by employees, agents, tenants and contractors of the licensee, by bus service licensees and by members of the public; and
(f)
the standards of performance to be complied with by the licensee in the maintenance and operation of the bus interchange.
Modification of licence conditions
111P.
—(1)  Subject to this section, the Authority may modify the conditions of a licence.
(2)  Before making any modification to the conditions of a licence under subsection (1), the Authority shall give notice to the licensee —
(a)
stating that it proposes to make the modification in the manner specified in the notice; and
(b)
specifying the time (not being less than 28 days from the date of service of the notice on such licensee) within which the licensee may make written representations to the Authority with respect to the proposed modification.
(3)  Upon receipt of any written representation referred to in subsection (2)(b), the Authority shall consider such representation and may —
(a)
reject the representation; or
(b)
amend the proposed modification in such manner as it thinks fit having regard to the representation.
(4)  Subject to subsection (6), if the Authority rejects any written representation under subsection (3)(a) or amends any proposed modification to the conditions of a licence under subsection (3)(b), the modification as specified in the notice or as amended by the Authority, as the case may be, shall take effect on a date specified in writing by the Authority.
(5)  Subject to subsection (6), if no written representation is received by the Authority within the time specified under subsection (2)(b) or if any written representation made under subsection (2)(b) is subsequently withdrawn, the modification as specified in the notice shall take effect on a date specified in writing by the Authority.
(6)  Any modification to the conditions of a licence under subsection (4) or (5) shall not take effect —
(a)
during the period referred to in section 111T(1); and
(b)
where the licensee has appealed against the modification, until the determination of the appeal.
Directions affecting licensees
111Q.
—(1)  The Authority may give directions to any licensee on or in respect of the following matters:
(a)
the extent, hours and general level of service;
(b)
the maintenance and operation of the bus interchange and any equipment therein;
(c)
the safety and security of persons using or engaged in any work at the bus interchange;
(d)
the conditions and use of the bus interchange by employees, agents, tenants and contractors of the licensee, by bus service licensees and by members of the public; and
(e)
any other matter affecting the interests of the public in connection with the service provided by the licensee.
(2)  Any direction given under subsection (1) —
(a)
may require the licensee concerned (according to the circumstances of the case) to do, or not to do, such things as are specified or described in the direction;
(b)
shall take effect at such time as specified in the direction; and
(c)
may be revoked or modified at any time by the Authority.
(3)  Before giving any direction to any licensee under subsection (1), the Authority —
(a)
shall give notice to the licensee —
(i)
informing him of the proposed direction and setting out its effect; and
(ii)
specifying the time within which he may make written representations to the Authority with respect to the proposed direction,
unless the Authority, in respect of any particular direction, considers that it is not practicable or desirable that such notice be given; and
(b)
shall consider any representation made by the licensee.
(4)  Every licensee shall, at his own expense, comply with every direction given to him by the Authority under this section.
Suspension or cancellation of licence, etc.
111R.
—(1)  Subject to subsection (2), if any licensee —
(a)
contravenes, or fails to secure the compliance by his employees, agents or contractors with, any of the conditions of his licence or any direction given by the Authority under section 111Q;
(b)
goes into compulsory or voluntary liquidation other than for the purpose of reconstruction or amalgamation; or
(c)
makes any assignment to or enters into a composition with his creditors,
the Authority may, by notice in writing and without any compensation to the licensee or any other person, do all or any of the following:
(i)
rectify the non-compliance and recover the costs of such rectification from the licensee;
(ii)
suspend or cancel the licence of the licensee;
(iii)
require the licensee to pay, within a specified period, a financial penalty of such amount not exceeding $100,000 as the Authority thinks fit.
(2)  The Authority shall, before taking any action under subsection (1), give the licensee notice in writing of its intention to do so and shall call upon the licensee to show cause within such time as may be specified by the Authority as to why such action ought not to be taken.
(3)  Any cost recoverable from any licensee under subsection (1) (i) and any financial penalty payable by any licensee under subsection (1)(iii) shall be recoverable as a debt due to the Authority from the licensee, and the licensee’s liability to pay shall not be affected by his licence ceasing (for any reason) to be in force.
Renewal of licence
111S.
—(1)  The Authority may, on the application of a licensee, renew the licence on such conditions as it thinks fit.
(2)  The fee for any renewal of licence shall be such amount as may be prescribed.
Appeal to Minister
111T.
—(1)  Any licensee aggrieved by —
(a)
any licence condition imposed by the Authority under section 111O;
(b)
any modification to the conditions of his licence under section 111P;
(c)
any direction given by the Authority under section 111Q;
(d)
any decision made by the Authority under section 111R(1); or
(e)
any refusal of the Authority to renew his licence under section 111S,
may, within 14 days of the receipt of the notice relating to the relevant matter from the Authority, appeal to the Minister.
(2)  Subject to section 111P(6) and subsection (3) and unless the Minister otherwise directs, where an appeal is lodged by a licensee under subsection (1) —
(a)
the licensee shall comply or continue to comply with any licence condition, direction or decision being appealed against; and
(b)
the licence condition, direction or decision shall be effective and enforceable against the licensee,
until the determination of the appeal.
(3)  Where the licensee appeals under subsection (1) against any refusal to renew his licence and his licence expires at any time from the date of receipt of the Authority’s notice of refusal to the date of determination of his appeal, the licensee shall be deemed to have a licence to operate the bus interchange, in respect of which his licence was first granted, from the date of expiry of his licence to the date of determination of the appeal.
(4)  The Minister may determine an appeal under this section by confirming, varying or reversing any decision of the Authority or by amending any licence condition or direction affecting the licensee.
(5)  The decision of the Minister in any appeal shall be final.
Rules for purposes of this Part
111U.  The Authority may, with the approval of the Minister, make rules for any purpose for which rules may be made under this Part and for prescribing anything which may be prescribed under this Part, and otherwise for the purpose of carrying this Part into effect.”.