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Goods Vehicles (Licensing of Operators) Act 1995

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Changes over time for: Cross Heading: Transport manager to be notified of proceedings

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Point in time view as at 17/03/2022.

Changes to legislation:

Goods Vehicles (Licensing of Operators) Act 1995, Cross Heading: Transport manager to be notified of proceedings is up to date with all changes known to be in force on or before 19 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Transport manager to be notified of proceedingsE+W+S

15(1)A traffic commissioner shall not in any proceedings under this Act [F1or under the 2009 Regulation] make a finding that a transport manager is not of good repute or is not professionally competent unless the commissioner is satisfied that the transport manager has been served with a notice—E+W+S

(a)stating that the question whether he is of good repute or (as the case may be) professionally competent is an issue in the proceedings;

(b)setting out the nature of the allegations against him; F2...

(c)stating that he is entitled to make representations under this paragraph within 28 days beginning with the date on which the notice is served on him [F3and

(d)stating that he is entitled to request an inquiry as provided in section 35]

(2)Where a transport manager makes representations under this paragraph, the traffic commissioner shall consider the representations—

(a)in considering [F4whether or not an inquiry should be held] as provided in section 35; and

(b)in determining whether the transport manager is of good repute or (as the case may be) professionally competent.

[F5(2A)[F6A traffic commissioner] must hold an inquiry as provided in section 35 if the transport manager requests one under sub-paragraph (1)(d)]

(3)A notice shall be deemed for the purposes of sub-paragraph (1) to have been served on a transport manager on the date on which it would have been delivered in the ordinary course of post if it was sent by post addressed to him at his last known address, notwithstanding that the notice was returned as undelivered or was for any other reason not received by him.

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