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The Goods Vehicles (Licensing of Operators) Regulations 1995

Status:

This is the original version (as it was originally made).

Continuance of licence on death, bankruptcy etc

31.—(1) In this regulation, “actual holder” in relation to a licence means the person to whom the licence was issued.

(2) This regulation applies in the event—

(a)of the death of the actual holder of a licence;

(b)of the actual holder of a licence becoming a patient under Part VII of the Mental Health Act 1983, or in Scotland a curator bonis being appointed in respect of him on the ground that he is incapable, by reason of mental disorder, of adequately managing his property and affairs;

(c)of the bankruptcy of the actual holder of a licence;

(d)in the case of a company, of the actual holder of a licence going into liquidation or an administration order being made in relation to the actual holder; or

(e)of the appointment of a receiver or manager of the trade or business of the actual holder of a licence.

(3) After the happening of either of the events mentioned in paragraphs (2)(a) or (b) the traffic commissioner may direct that the licence shall not be treated as terminated when the actual holder died or became a patient but suspended until the date when a direction under paragraph (4) comes into force.

(4) After the happening of any of the events mentioned in paragraph (2) the traffic commissioner may direct that a person carrying on the trade or business of the actual holder of the licence is to be treated for the purposes of the 1995 Act as if he were the holder thereof for such purpose and to such extent as is specified in the direction for a period not exceeding—

(a)if it appears to the traffic commissioner that there are special circumstances, 18 months;

(b)in any other case, 12 months,

from the date of the coming into force of that direction.

(5) The powers under paragraph (4) shall be exercisable in relation to a standard licence whether or not the person carrying on the trade or business of the actual holder of the licence satisfies the requirement of professional competence.

(6) Where a person is treated as if he were the licence-holder by virtue of a direction under this regulation—

(a)any goods vehicle which had been in the lawful possession of the actual holder of the licence shall for the purposes of the 1995 Act be treated as if it was in the lawful possession of that person; and

(b)if the licence is a standard licence, nothing in section 27 shall oblige the traffic commissioner to revoke the licence by reason only of that person not satisfying the requirement of professional competence.

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