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Goods Vehicles (Licensing of Operators) Act 1995

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Changes over time for: Section 27

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Changes to legislation:

Goods Vehicles (Licensing of Operators) Act 1995, Section 27 is up to date with all changes known to be in force on or before 04 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

27 Revocation of standard licences.E+W+S

(1)[F1A traffic commissioner shall direct that a standard licence] be revoked if at any time it appears to him that

[F2(a)the licence-holder no longer satisfies [F3one or more of] the requirements of section [F413A], or

(b)the transport manager designated [F5by the licence-holder] no longer satisfies [F6one or more of] the requirements [F7set out in paragraph 14A(1) and (2), or (1) and (3), of Schedule 3]]

(2)Before giving a direction under subsection (1) in respect of a licence, [F8a traffic commissioner] shall give to its holder notice in writing that he is considering giving such a direction.

(3)A notice under subsection (2) shall state the grounds on which the traffic commissioner is considering giving a direction under subsection (1) and F9...—

(a)[F10shall invite the licence-holder to make] written representations with respect to those grounds F11..., and

(b)[F12shall state that] any such representations must be received by the commissioner [F13dealing with the matter] within 21 days of the date of the notice;

[F14and a traffic commissioner may not give a direction under subsection (1) without considering any representations duly made under this subsection] .

[F15(3A) A notice under subsection (2) may set a time limitF16... for the licence-holder to rectify the situation.

[F17(3AA)The time limit set under subsection (3A) may not exceed, beginning with the day after the date of the notice—

(a)6 months, or

(b)9 months if the licence-holder ceases to have a suitable number of individuals designated under section 13A(3)(a)(ii) or (b) because—

(i)a transport manager is physically incapacitated or deceased, and

(ii)more than 6 months is required to recruit a replacement transport manager.]

(3B)If the licence-holder rectifies the situation within the time limit set under subsection (3A), the traffic commissioner must not make the direction under subsection (1).]

(4)This section has effect subject to section 29 (and, in particular, nothing in [F18subsections (3) to (3B)] above shall be taken to affect a person’s right under section 29(1) to require the holding of an inquiry).

Textual Amendments

Modifications etc. (not altering text)

C1S. 27(1) applied by S.I. 1995/2869, reg. 29(7) (as amended (5.10.2017) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2017 (S.I. 2017/874), regs. 1(1), 6(d))

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