- Latest available (Revised)
- Point in Time (04/12/2011)
- Original (As enacted)
Version Superseded: 03/07/2013
Point in time view as at 04/12/2011.
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 17 August 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
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 whether or not to hold an inquiry 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.
[F4(2A)The 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.
Textual Amendments
F1Words in Sch. 3 para. 15(1) inserted (4.12.2011) by The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 2 para. 20(6)(a)(i) (with Sch. 3 Pt. 2)
F2Word in Sch. 3 para. 15(1)(b) omitted (4.12.2011) by virtue of The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 2 para. 20(6)(a)(ii) (with Sch. 3 Pt. 2)
F3Sch. 3 para. 15(1)(d) and word inserted (4.12.2011) by The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 2 para. 20(6)(a)(iii) (with Sch. 3 Pt. 2)
F4Sch. 3 para. 15(2A) inserted (4.12.2011) by The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 2 para. 20(6)(b) (with Sch. 3 Pt. 2)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: