Transport Act (Northern Ireland) 1967

Changes over time for: Section 5

Alternative versions:

Changes to legislation:

There are currently no known outstanding effects for the Transport Act (Northern Ireland) 1967, Section 5 .

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

5 F1Particulars to be provided by applicants for road service licences.N.I.

[F2

(1)]A person applying to the Ministry for a [F3bus operator's ] licence shall give such information as may reasonably be required to enable the Ministry to exercise the functions conferred on it by section 6, and in particular shall give (where appropriate) information as to—

(a)the type or types of motor vehicles to be used;

F4(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)any previous experience of the applicant as a person providing any facilities wheresoever for the carriage of passengers for reward;

(e)any agreement or arrangement affecting in any material respect the provision of passenger transport facilities entered into by the applicant with any other person by whom such facilities are provided;

(f)any financial interest (whether past, subsisting or proposed, and whether as a partner or shareholder or as a result of a loan, guarantee or other financial transaction) of the applicant in the provision of any facilities wheresoever for the carriage of passengers for reward, or of any such interest of any other person in any business carried on by the applicant in providing such facilities.

F5[(2)A person applying for a [F6bus operator's] licence to which this subsection applies shall in addition to the information referred to in subsection (1) give the Department such information as may reasonably be required to enable the Department to exercise the functions conferred on it by section 6A, and in particular shall give—

(a)particulars of any convictions during the five years preceding the making of the application, and at any time thereafter until the disposal of the application, of the applicant and of any person specified in the application in pursuance of section 6A(2) F7...;

(b)particulars of the financial resources which are, or are likely to be, available to the applicant;

(c)particulars of the professional competence qualifications of the applicant and of any person specified in the application in pursuance of section 6A(2) F8...;

(d)a statement indicating whether or not the applicant intends to use vehicles operated under the licence to provide a service for the carriage of passengers by road elsewhere than in the United Kingdom.

[F9(e)particulars of a fixed penalty notice or conditional offer in respect of a serious infringement F10... as specified in Article 6.1(b) of the 2009 Regulation for the applicant and for any person specified in the application in pursuance of section 6A(2); and

(f)particulars to satisfy the Department that the applicant has an effective and stable establishment in Northern Ireland.]

(3)Subsection (2) applies to a [F11bus operator's] licence covering motor vehicles so constructed and equipped as to be suitable for carrying more than nine persons including the driver and intended for that purpose, other than—

(a)motor vehicles constructed or adapted for the carriage of not more than 17 persons including the driver and used, or intended to be used, in the course of a business whose main object is other than that of carrying passengers; and

(b)motor vehicles used by an Education and Library Board in the carrying out of the functions of that Board under the Education and Libraries (Northern Ireland) Order 1972 [1972 NI 12] .

(4)Subsection (2)( a) and ( b) shall not apply in relation to an application for a [F12bus operator's] licence by a person who satisfies the Department that he is an exempt person.]

[F13(5)In this section “fixed penalty notice or conditional offer” means a notice or offer under Part 4 of the Road Traffic Offenders (Northern Ireland) Order 1996 or Part 3 of the Road Traffic Offenders Act 1988.]

F1mod. by SR 1981/199; 1987/187,383

F2SR 1977/327

F3Words in s. 5(1) substituted (5.10.2015) by Transport Act (Northern Ireland) 2011 (c. 11), s. 48(2), Sch. 1 para. 4(2); S.R. 2015/284, art. 2(1), Sch. (with art. 2(2)(3))

F4S. 5(1)(b)(c) repealed (5.10.2015) by Transport Act (Northern Ireland) 2011 (c. 11), ss. 19, 48(2), Sch. 2; S.R. 2015/284, art. 2(1), Sch.

F5SR 1977/327

F6Words in s. 5(2) substituted (5.10.2015) by Transport Act (Northern Ireland) 2011 (c. 11), s. 48(2), Sch. 1 para. 4(3); S.R. 2015/284, art. 2(1), Sch. (with art. 2(2)(3))

F7Words in s. 5(2)(a) omitted (18.8.2014) by virtue of The Road Passenger Transport (Qualifications of Operators) Regulations (Northern Ireland) 2014 (S.R. 2014/206), regs. 1(1), 9(2)(a)(i)

F8Words in s. 5(2)(c) omitted (18.8.2014) by virtue of The Road Passenger Transport (Qualifications of Operators) Regulations (Northern Ireland) 2014 (S.R. 2014/206), regs. 1(1), 9(2)(a)(ii)

F9S. 5(2)(e)(f) added (18.8.2014) by The Road Passenger Transport (Qualifications of Operators) Regulations (Northern Ireland) 2014 (S.R. 2014/206), regs. 1(1), 9(2)(a)(iii)

F10Words in s. 5(2)(e) omitted (31.12.2020) by virtue of The International Road Passenger Transport (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/973), regs. 1(2), 2(3); 2020 c. 1, Sch. 5 para. 1(1)

F11Words in s. 5(3) substituted (5.10.2015) by Transport Act (Northern Ireland) 2011 (c. 11), s. 48(2), Sch. 1 para. 4(4); S.R. 2015/284, art. 2(1), Sch. (with art. 2(2)(3))

F12Words in s. 5(4) substituted (5.10.2015) by Transport Act (Northern Ireland) 2011 (c. 11), s. 48(2), Sch. 1 para. 4(5); S.R. 2015/284, art. 2(1), Sch. (with art. 2(2)(3))