Office of Public Sector Information
CHAPTER II continued CHAPTER III continued
(6) A request for an interim direction to be given shall not for the purposes of section 68(4) or 70 of, or Schedule 8A to, this Act be treated as an application for the variation of an operator’s licence, but shall be treated as such an application for any other purposes of this Part of this Act.”
(2) For section 69D of the 1968 Act there shall be substituted—
(1) This section applies where notice of an application for the variation of an operator’s licence has been published under section 68(4) of this Act.
(2) Where the application relates to an existing operating centre of the licence-holder in the licensing authority’s area—
(a) any of the persons mentioned in section 63(3) of this Act may object to the grant of the application on the ground that the use of that operating centre in any manner which would be permitted if the application were granted would cause adverse effects on environmental conditions in the vicinity of that centre;
(b) subject to subsection (5) of this section, any person who is the owner or occupier of any land in the vicinity of that operating centre may make representations on that ground against the grant of the application; and
(c) (whether or not anyone objects or makes representations under paragraph (a) or (b) of this subsection) the authority may refuse the application on that ground.
(3) For the purposes of subsection (2) of this section, an application shall be taken to relate to an operating centre if—
(a) granting it would or could result in an increase in the number of vehicles, or the number of vehicles above a certain weight, that have that centre as their operating centre; or
(b) any undertaking recorded in or condition attached to the licence that the application seeks to have varied or removed relates to that centre.
(4) Where the application is for a place in the licensing authority’s area to be specified in the licence as an operating centre of the licence-holder—
(a) any of the persons mentioned in section 63(3) of this Act may object to the grant of the application on the ground that that place will be unsuitable on environmental grounds for use as an operating centre of the licence-holder; and
(b) subject to subsection (5) of this section, any person who is the owner or occupier of any land in the vicinity of that place may make representations against the grant of the application on that ground.
(5) A person may not make representations under subsection (2)(b) or (4)(b) of this section unless any adverse effects on environmental conditions arising from the use of the operating centre or place in question would be capable of prejudicially affecting the use or enjoyment of the land there mentioned.
(6) If any person duly objects or makes representations under subsection (4) of this section against an application for a place in the licensing authority’s area to be specified in the licence as an operating centre of the licence-holder, the authority may refuse the application—
(a) on the ground that the parking of vehicles used under the licence at or in the vicinity of that place would cause adverse effects on environmental conditions in the vicinity of that place;
(b) subject to subsection (7) of this section, on the ground that that place would be unsuitable on environmental grounds other than the ground mentioned in paragraph (a) of this subsection for use as an operating centre of the licence-holder.
(7) The authority may not refuse the application on the ground mentioned in subsection (6)(b) of this section if—
(a) on the date the application was made, the place in question was already specified in an operator’s licence granted by the authority as an operating centre of the holder of that licence; or
(b) the applicant has produced to the authority a certificate in force in respect of that place under section 191 or 192 of the [1990 c. 8.] Town and Country Planning Act 1990 or section 90 or 90A of the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972, stating that its use as an operating centre for vehicles used under any operator’s licence is or would be lawful.
(8) Subsection (7) of this section does not apply in relation to any place that, at the time the application is determined by the licensing authority, is specified in an operator’s licence as an operating centre of the holder of that licence.
(9) In paragraph (a) of subsection (7) of this section “operator’s licence” does not include a licence granted under section 67A of this Act, and the reference in that paragraph to a place being specified in an operator’s licence does not include a place being so specified—
(a) by virtue of an interim direction such as is mentioned in section 68A of this Act;
(b) if such conditions as may be prescribed in relation to the exercise of the right of any person to appeal against that place being so specified are not satisfied;
(c) if such conditions as may be prescribed in relation to the review under section 69J of this Act of the decision so to specify that place are not satisfied; or
(d) by reason of being situated within a place that is so specified.”
(1) Section 69 of the 1968 Act (revocation, suspension and curtailment of operators' licences) shall be amended as follows.
(2) For subsections (1) and (2) there shall be substituted—
“(1) Subject to the following provisions of this section, the licensing authority by whom an operator’s licence was granted may direct that it be revoked, suspended or curtailed on any of the following grounds—
(a) that a place in the authority’s area has, at a time when it was not specified in the licence as an operating centre of the licence-holder, been used as an operating centre for vehicles authorised to be used under the licence;
(b) that the licence-holder has contravened any condition attached to the licence;
(c) that during the five years ending with the date on which the direction is given there has been a conviction such as is mentioned in subsection (4)(a) to (ffff) of this section or a prohibition such as is mentioned in subsection (4)(h) of this section;
(d) that during those five years, on occasions appearing to the authority to be sufficiently numerous to justify the giving of a direction under this subsection, there has been a conviction such as is mentioned in subsection (4)(g) of this section;
(e) that the licence-holder made or procured to be made for the purposes of his application for the licence, an application for the variation of the licence or a request for a direction under paragraph 1 or 3 of Schedule 8A to this Act a statement of fact that (whether to his knowledge or not) was false or a statement of expectation that has not been fulfilled;
(f) that any undertaking recorded in the licence has not been fulfilled;
(g) that the licence-holder, being an individual, has been adjudged bankrupt, or, being a company, has gone into liquidation (other than voluntary liquidation for the purpose of reconstruction);
(h) that since the licence was granted or varied there has been a material change in any of the circumstances of the licence-holder that were relevant to the grant or variation of the licence;
(i) that the licence is liable to revocation, suspension or curtailment by virtue of a direction under subsection (6) of this section.
(2) Where the licensing authority has power to give a direction in respect of a licence under subsection (1) of this section, the authority also has power to direct that a condition, or additional condition, such as is mentioned in section 66 of this Act be attached to the licence.
(2A) In this Part of this Act any reference, in relation to an operator’s licence, to a condition attached to the licence under section 66 of this Act includes any condition that was attached to the licence under subsection (2) of this section.”
(3) For subsection (5) there shall be substituted—
“(5) Where the licensing authority directs that an operator’s licence be revoked, the authority may order the person who was the holder of the licence to be disqualified, indefinitely or for such period as the authority thinks fit, from holding or obtaining an operator’s licence, and so long as the disqualification is in force—
(a) any operator’s licence held by him at the date of the making of the order (other than the licence revoked) shall be suspended; and
(b) notwithstanding anything in section 64 or 67A of this Act, no operator’s licence may be granted to him.
(5A) If a person applies for or obtains an operator’s licence while he is disqualified under subsection (5) of this section—
(a) he shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale; and
(b) any operator’s licence granted to him on the application or (as the case may be) the operator’s licence obtained by him shall be void.
(5B) An order under subsection (5) of this section may be limited so as to apply only to the holding or obtaining of an operator’s licence in respect of the area of one or more specified licensing authorities and, if the order is so limited—
(a) paragraphs (a) and (b) of that subsection and subsection (5A) of this section shall apply only to any operator’s licence to which the order applies; but
(b) notwithstanding section 61(2)(b) of this Act, no other operator’s licence held by the person in question shall authorise the use by him of any vehicle at a time when its operating centre is in an area in respect of which he is disqualified by virtue of the order.”
(4) At the end of subsection (7) there shall be added “; and any reference below in this section to subsection (5) or to subsection (6) includes that subsection as it applies by virtue of this subsection.”
(5) For subsection (8) there shall be substituted—
“(8) The licensing authority by whom any direction suspending or curtailing a licence under subsection (1) of this section was given may at any time—
(a) cancel the direction together with any order under subsection (7A) of this section that was made when the direction was given;
(b) cancel any such order; or
(c) with the consent of the licence-holder, vary the direction or any such order (or both the direction and any such order).
(8A) The licensing authority by whom any order disqualifying a person was made under subsection (5) of this section may at any time—
(a) cancel that order together with any direction that was given under subsection (6) of this section when the order was made;
(b) cancel any such direction; or
(c) with the consent of the person disqualified, vary the order or any such direction (or both the order and any such direction).”
For section 69E of the 1968 Act there shall be substituted—
(1) Subject to subsection (4) of this section, the licensing authority to whom—
(a) any application for an operator’s licence; or
(b) any application for a direction such as is mentioned in subsection (2) of this section,
is made shall refuse the application without considering its merits, unless he is satisfied that subsection (3) of this section has been complied with in respect of each locality affected by the application.
(2) The directions referred to in subsection (1)(b) of this section are—
(a) any direction under section 68(1)(a) of this Act that a maximum number specified in a licence under section 61A of this Act be increased;
(b) any direction under section 68(1)(c) or (e) of this Act;
(c) any direction under section 68(1)(g) of this Act that a new place be specified in a licence as an operating centre of the licence-holder; and
(d) any direction under section 68(1)(h) or (i) of this Act which might result in a material change in the use of any operating centre of the licence-holder in the licensing authority’s area.
(3) This subsection has been complied with in respect of a locality affected by an application if, within the period beginning twenty-one days before the date on which the application is made and ending twenty-one days after that date, notice of the application in such form and containing such information as may be prescribed has been published in one or more local newspapers circulating in the locality.
(4) The licensing authority is not required by this section to refuse an application if—
(a) he is satisfied as mentioned in subsection (1) of this section, save only that the form or contents of the notice of application as published in any newspaper did not comply with the prescribed requirements; and
(b) he is satisfied that no person’s interests are likely to have been prejudiced by the failure to comply with those requirements.
(5) For the purposes of this section a locality is affected by an application for, or for the variation of, an operator’s licence if—
(a) it contains any place in the area of the licensing authority that will be an operating centre of the licence-holder if the application is granted; or
(b) (in the case of an application for variation) it contains an existing operating centre of the licence-holder in the area of the authority and—
(i) the granting of the application would or could result in an increase in the number of vehicles, or the number of vehicles above a certain weight, that have that centre as their operating centre; or
(ii) any undertaking recorded in or condition attached to the licence that the application seeks to have varied or removed relates to that centre.”
(1) After section 69E of the 1968 Act there shall be inserted—
(1) Within such time after any period of review as may be prescribed, the licensing authority by whom an operator’s licence was granted may serve a notice on the licence-holder stating that the authority is considering whether to exercise any of his powers under sections 69EB and 69EC of this Act in relation to a place specified in the licence as an operating centre of the licence-holder.
(2) The periods of review in relation to an operator’s licence are—
(a) the period of five years beginning with the date specified in the licence as the date on which it came into force; and
(b) each consecutive period of five years.
(3) Regulations may amend subsection (2) of this section by substituting a higher or lower number (but not a number lower than five) for the number of years currently mentioned in paragraphs (a) and (b).
(4) Regulations may make provision as to the manner in which notices under this section are to be or may be served, including provision as to the circumstances in which and time at which any such notice is to be treated as having been duly served (whether or not it has in fact been served).
(1) If, having served notice under section 69EA of this Act in respect of a place specified in an operator’s licence, the licensing authority determines that the place is unsuitable—
(a) on grounds other than environmental grounds; or
(b) on the ground mentioned in subsection (2) of this section,
for use as an operating centre of the licence-holder, he may (subject to subsection (3) of this section) direct that it cease to be specified in the licence.
(2) The ground referred to in subsection (1)(b) of this section is that the parking of vehicles used under the licence at or in the vicinity of the place causes adverse effects on environmental conditions in that vicinity.
(3) Where the only ground for giving a direction under subsection (1) of this section is the ground mentioned in subsection (2) of this section, the authority may not give such a direction unless during the period of review in question representations were made to him—
(a) by a person such as is mentioned in section 63(3) of this Act; or
(b) by a person who is the owner or occupier of any land in the vicinity of the place in question,
as to the place’s unsuitability on environmental grounds for continued use as an operating centre for vehicles used under any operator’s licence.
(4) Representations made by a person such as is mentioned in subsection (3)(b) of this section shall be disregarded for the purposes of this section if, when they were made, any adverse effects on environmental conditions arising from the continued use of the place in question would not have been capable of prejudicially affecting the use or enjoyment of the land mentioned in subsection (3)(b).
(1) If, having served notice under section 69EA of this Act in respect of a place specified in an operator’s licence, the licensing authority does not give a direction in respect of the place under section 69EB of this Act, he may direct—
(a) that conditions (or additional conditions) such as are mentioned in section 64B, 66(1)(c) or 69C of this Act be attached to the licence;
(b) that any conditions already attached to the licence under section 64B, 66(1)(c) or 69C be varied.
(2) Any conditions attached to the licence under subsection (1)(a) of this section shall relate (or in the case of conditions such as are mentioned in section 66(1)(c) of this Act, only require the authority to be informed of events that relate) only to the place referred to in subsection (1) of this section (or only to that place and any other places in respect of which the authority has power to attach conditions under that subsection).
(3) Any variation under subsection (1)(b) of this section shall be such as imposes new or further restrictions or requirements in relation to that place, and only that place (or only that place and any other such places).
(4) Where the licensing authority gives a direction in respect of an operator’s licence under section 69EB of this Act or subsection (1)(a) of this section, he may also vary the licence by directing—
(a) that any vehicle cease to be specified in the licence;
(b) that any maximum number specified in the licence under section 61A of this Act be reduced;
(c) that a provision such as is mentioned in section 61(1A) of this Act be included in the licence;
(d) that a provision such as is mentioned in section 61A(1)(b) or (2)(b) of this Act be included in the licence.
(5) In this Part of this Act any reference, in relation to an operator’s licence, to a condition attached to the licence under section 64B, 66, or 69C of this Act includes any condition such as is mentioned in section 64B, 66 or (as the case may be) 69C that was attached to the licence under subsection (1)(a) of this section.
Schedule 8A to this Act (which makes provision in relation to certain applications for, or for the variation of, operators' licences where the proposed operating centres of the applicant are already specified in an operator’s licence) shall have effect.”
(2) After Schedule 8 to the 1968 Act there shall be inserted the Schedule set out in Schedule 12 to this Act.
After section 69H of the 1968 Act (set out in Schedule 13 to this Act) there shall be inserted—
(1) In considering any financial question which appears to him to arise in relation to the exercise of his functions under this Part of this Act or the [S.I. 1984/176.] Goods Vehicles (Operators' Licences, Qualifications and Fees) Regulations 1984, the licensing authority may be assisted by an assessor drawn from a panel of persons appointed for that purpose by the Secretary of State.
(2) The Secretary of State shall pay to any such assessor in respect of his services such remuneration as may be determined by the Secretary of State with the consent of the Treasury.”
After section 69I of the 1968 Act (set out in section 51 above) there shall be inserted—
(1) Subject to subsection (2) of this section, the licensing authority may review and, if he thinks fit, vary or revoke any decision of his to grant or refuse—
(a) an application for an operator’s licence; or
(b) an application for the variation of such a licence in a case where section 68(4) of this Act required notice of the application to be published,
if he is satisfied that a procedural requirement imposed by or under any enactment has not been complied with in relation to the decision.
(2) The licensing authority may only review a decision under subsection (1) of this section—
(a) if, within such period after taking the decision as may be prescribed, he has given notice to the applicant or (as the case may be) the licence-holder that he intends to review the decision;
(b) if, within that period, a person who appears to him to have an interest in the decision has requested him to review it; or
(c) where neither paragraph (a) nor paragraph (b) of this subsection applies, if he considers there to be exceptional circumstances that justify the review.
(3) Regulations may make provision as to the manner in which notices under subsection (2)(a) of this section are to be or may be served, including provision as to the circumstances in which and time at which any such notice is to be treated as having been duly served (whether or not it has in fact been served).
(4) The variation or revocation of a decision under this section shall not make unlawful anything done in reliance on the decision before the variation or revocation takes effect.”
For section 70 of the 1968 Act there shall be substituted—
(1) In the following provisions of this section “appeal” means appeal to the Transport Tribunal.
(2) An applicant for, or for the variation of, an operator’s licence may appeal against the refusal of the application or (as the case may be) against the terms of the licence or of the variation.
(3) The holder of an operator’s licence may appeal against any direction given under section 61(6), 69(1) or (2), 69EB or 69EC of this Act in respect of the licence.
(4) The holder of an operator’s licence may appeal against any order made under section 69(7A) of this Act on the suspension or curtailment of the licence.
(5) A person in respect of whom an order has been made under section 69(5) of this Act (including section 69(5) as it applies by virtue of section 69(7) of this Act) may appeal against that order and against any direction given under section 69(6) of this Act (including section 69(6) as it so applies) when the order was made.
(6) A person who has duly made an objection to an application for, or for the variation of, an operator’s licence may appeal against the grant of the application.
(7) A person who—
(a) within the prescribed period has made an application for a review under section 69J of this Act; and
(b) has been certified by the licensing authority as a person such as is mentioned in subsection (2)(b) of that section,
may appeal against the refusal of the application.
(8) In subsections (2) and (3) of this section “operator’s licence” does not include a licence granted under section 67A of this Act.”
After section 85 of the 1968 Act there shall be inserted—
Regulations may provide for this Part of this Act to apply in relation to partnerships with such modifications as may be specified in the regulations.”
For section 86 of the 1968 Act there shall be substituted—
(1) Subject to any regulations under section 85 of this Act, an operator’s licence is not transferable or assignable.
(2) Regulations may make provision enabling the licensing authority, where the holder of an operator’s licence granted by him has died or become a patient within the meaning of Part VII of the [1983 c. 20.] Mental Health Act 1983, to direct that the licence be treated—
(a) as not having terminated at the time the licence-holder died or became such a patient but as having been suspended (that is, as having remained in force subject to the limitation that no vehicles were authorised to be used under it) from that time until the time the direction comes into force; and
(b) as having effect from the time the direction comes into force for a specified period and as being held during that period (for such purposes and to such extent as may be specified) not by the person to whom it was granted but by such other person carrying on that person’s business, or part of that person’s business, as may be specified.
(3) Regulations may make provision enabling the licensing authority in prescribed circumstances to direct that any operator’s licence granted by him be treated (for such purposes, for such period and to such extent as may be specified) as held not by the person to whom it was granted but by such other person carrying on that person’s business, or part of that person’s business, as may be specified.
(4) Regulations may make provision enabling the licensing authority to direct, for the purpose of giving effect to or supplementing a direction given by him by virtue of subsection (2) or (3) of this section, that this Part of this Act apply with specified modifications in relation to the person who is to be treated under the direction as the holder of an operator’s licence.
(5) In this section “specified”, in relation to a direction, means specified—
(a) in the regulations under which the direction was given; or
(b) in the direction in accordance with those regulations.”
For section 89 of the 1968 Act there shall be substituted—
(1) Such fees, payable at such times, and whether in one sum or by instalments, as may be prescribed shall be charged by the licensing authority in respect of—
(a) applications for or for the variation of operators' licences;
(b) the issue or variation of operators' licences;
(c) the continuation in force of operators' licences;
(d) any arrangements made with the holder of an operator’s licence to treat the licence for certain administrative purposes as if it were two or more licences.
(2) The licensing authority may decline to proceed with—
(a) any application for or for the variation of an operator’s licence; or
(b) the issue or variation of any operator’s licence,
until any fee or instalment of a fee in respect of the application, issue or variation (as the case may be) is duly paid.
(3) If, in the case of any application for or for the variation of an operator’s licence, any fee or instalment of a fee in respect of the application or the issue or variation of the licence is not duly paid by the prescribed time—
(a) the application shall be treated as withdrawn at that time; and
(b) any decision made or direction given on the application, and any licence issued or variation effected in pursuance of such a decision or direction, ceases to have effect or terminates at that time.
(4) If any fee or instalment of a fee in respect of the continuation in force of an operator’s licence is not duly paid by the prescribed time, the licence terminates at that time.
(5) The licensing authority may, if he considers there to be exceptional circumstances that justify his doing so, in any case where subsection (3) or (4) of this section has applied, direct that as from the time mentioned in that subsection its effect in that case be disregarded.
(6) Where, by virtue of such a direction, the effect of subsection (3)(a) of this section is to be disregarded in any case, any termination—
(a) of a licence under section 67A(4)(b) or (5) of this Act; or
(b) of a direction under section 68A(4) of this Act,
by virtue of the operation of subsection (3)(a) in that case before the direction was given shall be cancelled with effect from the same time.
(7) Where such a direction is given in respect of an operator’s licence—
(a) any condition attached to the licence under section 66 of this Act shall be treated as having been of no effect during the period beginning with the time the licence terminated by virtue of subsection (3) or (4) of this section and ending with the time the direction comes into force; and
(b) subject to paragraph (a) of this subsection, the licensing authority may vary any such condition as it applies in relation to events occurring before the direction comes into force.
(8) All fees payable under this Part of this Act shall be paid into the Consolidated Fund in such manner as the Treasury may direct.”
(1) The 1968 Act shall have effect with the further amendments set out in Part I of Schedule 13 to this Act.
(2) The enactments mentioned in Part II of that Schedule shall have effect with the amendments set out in that Part.
Deregulation and Contracting Out Act 1994