The Goods Vehicles (Licensing of Operators) Regulations (Northern Ireland) 2012

Regulation 3(3)

SCHEDULE 1 N.I. INFORMATION ABOUT, AND CONVICTIONS OF, APPLICANTS FOR AND HOLDERS OF OPERATORS’ LICENCES

Information to be given under regulation 3 N.I.

1.  The information referred to in regulation 3(3) is—

(a) particulars with respect to the purpose for which the vehicles referred to in the statement under regulation 3(2) are proposed to be used;

(b) particulars of the arrangements for securing that —

(i) the Passenger and Goods Vehicles (Recording Equipment) Regulations (Northern Ireland)(1); and

(ii) the applicable Community rules, within the meaning of those Regulations, will be complied with in the case of those vehicles;

(c) particulars of the arrangements for securing that those vehicles will not be overloaded;

(d) particulars of the facilities and arrangements for securing that those vehicles will be maintained in a fit and serviceable condition;

(e) particulars of any relevant activities carried on, at any time before the making of the application, by any relevant person;

(f) particulars of any notifiable conviction incurred during the 5 years preceding the making of the application;

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

(h) where the applicant is a company, the names of the directors and officers of—

(i) the company; and

(ii) any company of which that company is a subsidiary; and

(i) where the vehicles referred to in the statement under regulation 3(2) are proposed to be operated by the applicant in partnership with other persons, the names of those other persons.

Commencement Information

I1 Sch. 1 para. 1 in operation at 1.7.2012, see reg. 1

Relevant person N.I.

2.  In this Schedule “relevant person” means any of the following persons—

(a) the applicant;

(b) any company of which the applicant is or has been a director;

(c) where the applicant is a company, any person who is a director of the company;

(d) where the applicant proposes to operate the vehicles referred to in the statement under regulation 3(2) in partnership with other persons, any of those other persons;

(e) any company of which any such person as is mentioned in sub-paragraph (c) or (d) is or has been a director; or

(f) where the applicant is a company, any company of which the applicant is a subsidiary.

Commencement Information

I2 Sch. 1 para. 2 in operation at 1.7.2012, see reg. 1

Relevant activities N.I.

3.  In paragraph 1(e) “relevant activities” means any of the following—

(a) activities in carrying on any trade or business in the course of which vehicles of any description are operated;

(b) activities as a person employed for the purposes of any such trade or business; or

(c) activities as a director of a company carrying on any such trade or business.

Commencement Information

I3 Sch. 1 para. 3 in operation at 1.7.2012, see reg. 1

Notifiable conviction N.I.

4.—(1) For the purposes of regulation 3(4) and paragraph 1(f) a “notifiable conviction” means any conviction or penalty incurred by a relevant person pursuant to an offence committed under the law of any part of the United Kingdom or any corresponding offence under the law of any country or territory outside the United Kingdom;

(2) For the purposes of sub-paragraph (1)—

(a) any conviction or penalty incurred by a relevant person includes any conviction or penalty incurred by a partner, transport manager, employee or agent of that person; and

(b) any conviction which is spent for the purposes of the Rehabilitation of Offenders (Northern Ireland) Order 1978(2) shall be disregarded.

Commencement Information

I4 Sch. 1 para. 4 in operation at 1.7.2012, see reg. 1

(1)

S.R. 1996 No. 145

(2)

S.I. 1978/1908 (N.I. 27)