Sch. 3 para. 10 omitted (4.12.2011) by virtue of The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 2 para. 20(3) (with Sch. 3 Pt. 2)
Sch. 3 para. 11 omitted (4.12.2011) by virtue of The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 2 para. 20(3) (with Sch. 3 Pt. 2)
Words in Sch. 3 para. 12 substituted (4.12.2011) by The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 2 para. 20(4) (with Sch. 3 Pt. 2)
Sch. 3 para. 13(1A) inserted (4.12.2011) by The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 2 para. 20(5)(a) (with Sch. 3 Pt. 2)
Sch. 3 para. 13(2)(2A) substituted (1.10.1999) for para. 13(2) by S.I. 1999/2430, reg. 4(1) (with saving in reg. 5(3)(4))
Words in Sch. 3 para. 13(2) substituted (4.12.2011) by The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 2 para. 20(5)(b) (with Sch. 3 Pt. 2)
Words in Sch. 3 para. 13(2A) substituted (4.12.2011) by The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 2 para. 20(5)(c) (with Sch. 3 Pt. 2)
Words in Sch. 3 para. 13(3) substituted (4.12.2011) by The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 2 para. 20(5)(d)(i) (with Sch. 3 Pt. 2)
Definition in Sch. 3 para. 13(3) substituted (1.10.1999) by S.I. 1999/2430, reg. 4(2)(b)(with savings in reg. 5(3)(4))
Words in Sch. 3 para. 13(3) substituted (4.12.2011) by The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 2 para. 20(5)(d)(ii) (with Sch. 3 Pt. 2)
Sch.3 para. 14 repealed and superseded (1.10.1999) by S.I. 1999/2430, reg. 5(5)
Sch. 3 para. 13 modified (1.10.1999) by S.I. 1999/2430, reg. 5(4)
In this Schedule references to “
The requirement of professional competence falls to be satisfied by an individual.
Accordingly, where a company is required to satisfy that requirement, it does so if and so long as—
it has in respect of its road transport undertaking a transport manager or managers, and such number of them as the traffic commissioner concerned may require; and
that transport manager, or (as the case may be) each such manager, is—
of good repute, and
professionally competent.
Where an individual is not himself professionally competent, he shall be regarded as satisfying the requirement of professional competence if and so long as he has as the transport manager of the transport undertaking which he carries on an individual who is—
of good repute, and
professionally competent.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Paragraphs 1 to 5 shall have effect for the purposes of any provision of
An individual shall be regarded as professionally competent if, and only if—
he has demonstrated that he possesses the requisite skills by passing a written examination organised by an approved body and is the holder of a certificate to that effect issued by that body; or
he is the holder of any other certificate of competence, diploma or other qualification recognised for the purposes of this sub-paragraph by the Secretary of State.
The approved body may exempt an individual from certain parts of the examination mentioned in sub-paragraph (1)(a) if the individual is the holder of a certificate of competence, diploma or other qualification which covers those parts and which is recognised for the purposes of this sub-paragraph by the Secretary of State.
The written examination mentioned in sub-paragraph (1)(a) may be supplemented by an oral examination organised by the approved body in the form set out in Annex I to
The certificate mentioned in sub-paragraph (1)(a) must take the form of the certificate set out in
In sub-paragraph (1)—
“
a body approved by the Secretary of State for the purposes of that sub-paragraph;
a body approved by the Department of the Environment for Northern Ireland for the purposes of section 46A(5)(c) of the
a body or authority designated for the purposes of
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .