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PART V E+W+S Miscellaneous and Supplementary

Supplementary provisions as to licences etc.E+W+S

57 Death, bankruptcy etc. of licence holder. E+W+S

(1)A PSV operator’s licence F1... is not assignable or, subject to the following provisions of this section, transmissible on death or in any other way.

(2)A PSV operator’s licence F1... held by an individual terminates if he—

(a)dies, or

(b)is [F2made] bankrupt or [F3has a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him, or], in Scotland, has his estate sequestrated, or

(c)[F4becomes a person who lacks capacity (within the meaning of the Mental Capacity Act 2005) to use a vehicle under the licence, or], in Scotland, becomes incapable of managing his own affairs.

(3)In relation to a PSV operator’s licence F1... held by an individual or by a company, regulations may specify other events relating to the licence-holder on the occurrence of which the licence is to terminate.

(4)[F5A traffic commissioner] may—

(a)direct that the termination of [F6a PSV operator’s licence] by subsection (2) above, or under subsection (3) above, be deferred for a period not exceeding twelve months or, if it appears to the [F7commissioner] that there are special circumstances, eighteen months, and

(b)authorise the business of the licence-holder to be carried on under the licence by some other person during the period of deferment, subject to such conditions as the [F7commissioner] may impose.

[F8(5)In the case of a standard licence, subsection (4)(a) is subject to Article 13.1 of the 2009 Regulation (time limits for rectification).]

Textual Amendments

F4Words in s. 57(2)(c) substituted (1.10.2007) by Mental Capacity Act 2005 (c. 9), s. 68(1), Sch. 6 para. 26 (with ss. 27-29, 62); S.I. 2007/1897, art. 2(1)(d)

Modifications etc. (not altering text)

C1S. 57 extended (E.W.) by Transport Act 1985 (c. 67, SIF 126), s. 44(2)

S. 57 applied (3.7.2000) by 1999 c. 29, s. 194(1)(2)(a), (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

C2S. 57(2) amended by S.I. 1986/1628, reg. 5(1), Sch.

C3S. 57(2) modified by S.I. 1981/1628, Sch. 1 Pt. 1 (as amended (5.10.2017) by The Operation of Public Service Vehicles (Partnership) (Amendment) Regulations 2017 (S.I. 2017/873), regs. 1(1), 6(5))

58 Partnerships and related matters.E+W+S

(1)Provision may be made by regulations for modifying the provisions of this Act, and any other statutory provisions relating to public service vehicles, in their application to the operation of vehicles and the provision of services by persons in partnership.

(2)A PSV operator’s licence . . . F9 shall not be granted to an unincorporated body as such or to more than one person jointly except in cases permitted by regulations under this section.

Textual Amendments

Modifications etc. (not altering text)

C5S. 58(2) extended (E.W.) by Transport Act 1985 (c. 67, SIF 126), s. 44(2)

S. 58(2) applied (3.7.2000) by 1999 c. 29, s. 194(1)(2)(b), (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3