(1)  An accredited person may apply to the Rail Safety Regulator for a variation of any condition or restriction to which the accreditation is subject that was imposed by the Rail Safety Regulator.

(2)  An application for variation of a condition or restriction must be made as if it were an application for variation of accreditation, and section 33 applies accordingly.

(3)  The Rail Safety Regulator –

(a) must consider the application; and

(b) if satisfied as to the matters referred to in sections 19 and 20 so far as they are applicable to the proposed variation, may –

(i) by notice in writing given to the accredited person; and

(ii) in accordance with the provisions of this Part so far as they are applicable –

grant, or refuse to grant, the variation.

(4)  A notice under subsection (3) refusing to grant a variation of a condition or restriction must include the reasons for the decision and information about the right of review under Part 10 .