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Goods Vehicles (Licensing of Operators) Act 1995

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Changes to legislation:

Goods Vehicles (Licensing of Operators) Act 1995, SCHEDULE 6 is up to date with all changes known to be in force on or before 07 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

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Section 59.

SCHEDULE 6E+W+S Transitional provisions, transitory modifications and savings

General transitional provisionsE+W+S

1E+W+SThe substitution of this Act for the provisions repealed and revoked by it shall not affect the continuity of the law.

Prospective

2E+W+SIn so far as any thing done (including any subordinate legislation made or other instrument issued) under a provision repealed or revoked by this Act could have been done under the corresponding provision of this Act, it shall have effect as if done under that corresponding provision.

3E+W+SAny reference (express or implied) in this Act or any other enactment, instrument or document to—

(a)any provision of this Act, or

(b)things done or falling to be done under or for the purposes of any provision of this Act,

shall, so far as the nature of the reference permits, be construed as including, in relation to the times, circumstances or purposes in relation to which the corresponding provision repealed or revoked by this Act had effect, a reference to that corresponding provision or (as the case may be) to things done or falling to be done under or for the purposes of that corresponding provision.

4E+W+SAny reference (express or implied) in any enactment, instrument or document to—

(a)a provision repealed or revoked by this Act, or

(b)things done or falling to be done under or for the purposes of such a provision,

shall, so far as the nature of the reference permits, be construed as including, in relation to the times, circumstances or purposes in relation to which the corresponding provision of this Act has effect, a reference to that corresponding provision or (as the case may be) to things done or falling to be done under or for the purposes of that corresponding provision.

5E+W+SParagraphs 1 to 4 have effect, in relation to the substitution of this Act for the provisions repealed and revoked by it, in place of section 17(2) of the M1Interpretation Act 1978 (but without prejudice to any other provision of that Act).

Marginal Citations

Meaning of “local authority” in relation to Scotland or WalesE+W+S

F16E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Meaning of “holding company” and “subsidiary”E+W+S

7E+W+SFor the purposes of this Act as it applies in relation to licences granted before 11 November 1990 (the date on which section 144(1) of the M2Companies Act 1989 came into force) the expressions “holding company” and “subsidiary” have the meaning given by section 736 of the M3Companies Act 1985 as originally enacted.

Marginal Citations

[F2Provisions relating to the Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022E+W+S

Textual Amendments

F38.E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

9.E+W+SFor the purposes of this Act, beginning with [F417th March 2022] —

(a)any application for an operator’s licence made to a traffic commissioner under section 8 before [F517th March 2022] is to be treated by the commissioner as an application for a heavy goods vehicle licence;

(b)any objection to, or representations against, the grant of an application for an operator’s licence made to a traffic commissioner under section 12 before [F517th March 2022] is to be treated by the commissioner as an objection to, or representations against, the grant of an application for a heavy goods vehicle licence;

(c)an operator’s licence issued under section 15 before [F517th March 2022] is to be treated as a heavy goods vehicle licence;

(d)any application for a variation of an operator’s licence made to a traffic commissioner under section 17 before [F517th March 2022] is to be treated by the commissioner as an application for a variation of a heavy goods vehicle licence;

(e)any objection to, or representations against, the grant of an application for a variation of an operator’s licence made to a traffic commissioner under section 19 before [F517th March 2022] is to be treated by the commissioner as an objection to, or representations against, the grant of an application for a variation of a heavy goods vehicle licence;

(f)any request for an interim operator’s licence made under section 24 before [F517th March 2022] is to be treated as a request for an interim heavy goods vehicle licence;

(g)any interim operator’s licence issued under section 24 before [F517th March 2022] is to be treated as an interim heavy goods vehicle licence.

Textual Amendments

10.E+W+SFor the purposes of this Act F6..., an individual who before [F717th March 2022] was designated a transport manager under section 13A(3)—

(a)in accordance with Article 4(1) of the 2009 Regulation is, beginning with that date, to be treated by a traffic commissioner as an individual designated under section 13A(3)(a)(ii) F8..., or

(b)in accordance with Article 4(2) of the 2009 Regulation is, beginning with that date, to be treated by a traffic commissioner as an individual designated under section 13A(3)(b) F9....

Textual Amendments

11.E+W+SParagraphs 12 to 18 apply for the purposes of applying for, or holding, a light goods vehicle licence.

12.E+W+SThe Secretary of State may exempt an individual until the end of 20th May 2025 from the requirement under section 13A(3)(a)(i) or paragraph 14A(1)(c) of Schedule 3 to be professionally competent if the Secretary of State is satisfied that the individual had, for ten years or more ending with 20th August 2020, continuously managed national or international transport operations as, for or on behalf of an undertaking that used only light goods vehicles.

13.E+W+SAn individual, or a person acting on behalf of an individual, may, on or before 20th May 2024, apply to the Secretary of State for an exemption.

14.E+W+SAn individual (or person) who applies for an exemption must provide the Secretary of State with the information necessary for the Secretary of State to verify the individual’s management experience.

15.E+W+SThe Secretary of State may, beginning with the day after the day on which the Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 were made, treat as an application any information submitted to the Secretary of State by an individual, or a person acting on behalf of an individual, before that day.

16.E+W+SIf the Secretary of State decides not to grant an exemption—

(a)the applicant may appeal the decision to a traffic commissioner within 28 days beginning with the day after the date the decision is made, and

(b)the traffic commissioner must, within 56 days beginning with the day after the date the appeal is made, confirm or reverse the decision.

17.E+W+SA traffic commissioner may consider as part of deciding an appeal any relevant information not provided by the applicant to the Secretary of State.

18.E+W+SDespite paragraph 13 of Schedule 3, a traffic commissioner must regard as professionally competent until the end of 20th May 2025 any individual who is granted an exemption—

(a)by the Secretary of State, or

(b)following the reversal by a traffic commissioner of a decision by the Secretary of State not to grant an exemption.

19.E+W+SParagraphs 11 to 18 and this paragraph expire at the end of 20th May 2025.]

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