The Operation of Public Service Vehicles (Partnership) (Amendment) Regulations 2017

Amendments to the principal Regulations

6.—(1) In the Schedule, Part I (“the 1981 Act”) is amended as follows.

(2) For the entry relating to section 14(1) substitute an entry relating to section 14ZA(2) (requirements for standard licences) comprising “Section 14ZA(2)” (requirements for standard licences) in the first column and the following in the second column—

“The first requirement as to which a traffic commissioner is to be satisfied where an application for a standard licence is made by persons in partnership is that—

(a) the firm has an effective and stable establishment in Great Britain (as determined in accordance with Article 5 of the 2009 Regulation),

(b) every one of such persons is of good repute (as determined in accordance with paragraph 1 of Schedule 3),

(c) the firm has appropriate financial standing (as determined in accordance with Article 7 of the 2009 Regulation), and

(d) the firm is professionally competent (as determined in accordance with paragraphs 3, 4 and 6 of Schedule 3).”.

(3) After the entry for section 14ZA(2) substituted by paragraph (2) insert an entry for section 14ZB comprising “Section 14ZB” (requirements for restricted licences) in the first column and the following in the second column—

“The requirement as to which a traffic commissioner is to be satisfied where an application is made for a restricted licence by persons in partnership is that —

(a) every one of such persons is of good repute (as determined in accordance with paragraph 1 of Schedule 3), and

(b) the firm has appropriate financial standing (as determined in accordance with paragraph 2 of Schedule 3).”.

(4) In the entry relating to section 17(1) (revocation), for the entry in the second column substitute—

“The provision that a traffic commissioner must revoke a standard licence if it appears to the commissioner at any time that the holder no longer satisfies the requirements of section 14ZA(2) shall apply, in a case where the holder is persons in partnership, if—

(a) the firm ceases to have an effective and stable establishment in Great Britain as specified in section 14(ZA)(2)(a),

(b) any partner of the firm ceases to be of good repute as specified in section 14(ZA)(2)(b),

(c) the firm ceases to have appropriate financial standing as specified in section 14(ZA)(2)(c), or

(d) neither the requirement of sub-paragraph (i) nor that of sub-paragraph (ii) of the modified section 14ZA(2)(d) (professional competence) is fulfilled. ”.

(5) In the entry relating to section 57(2) (death, bankruptcy etc. of licence holder), in the second column for “a London local service licence” substitute “a London service permit” and for “such a licence” substitute “such a permit or licence”.

(6) Omit the entries relating to paragraphs 5 and 8 of Schedule 3.