Goods Vehicles (Licensing of Operators) Act 1995

48 Operators' licences not to be transferable etc

(1) Subject to any regulations under section 46, an operator’s licence is neither transferable nor assignable.

(2) Regulations may make provision enabling a traffic commissioner, where the holder of an operator’s licence issued by him has died or become a patient within the meaning of Part VII of the [1983 c. 20.] Mental Health Act 1983, to direct that the licence be treated—

(a) as not having terminated at the time when the licence-holder died or became a patient but as having been suspended (that is, as having remained in force but subject to the limitation that no vehicles were authorised to be used under it) from that time until the time when the direction comes into force; and

(b) as having effect from the time when the direction comes into force for a specified period and as being held during that period (for such purposes and to such extent as may be specified) not by the person to whom it was issued but by such other person carrying on that person’s business, or part of that person’s business, as may be specified.

(3) Regulations may make provision enabling a traffic commissioner in prescribed circumstances to direct that any operator’s licence issued by him is to be treated (for such purposes, for such period and to such extent as may be specified) as held not by the person to whom it was issued but by such other person carrying on that person’s business, or part of that person’s business, as may be specified.

(4) Regulations may make provision enabling a traffic commissioner to direct, for the purpose of giving effect to or supplementing a direction given by him by virtue of subsection (2) or (3), that this Act is to apply with specified modifications in relation to the person who is to be treated under the direction as the holder of an operator’s licence; but nothing in any such regulations shall permit the commissioner to modify the operation of any of the excepted provisions (within the meaning given in section 46(3)).

(5) In subsection (2) references to a person becoming a patient within the meaning of Part VII of the [1983 c. 20.] Mental Health Act 1983 include references to a curator bonis being appointed in respect of him in Scotland on the ground that he is incapable, by reason of mental disorder, of adequately managing and administering his property and affairs.

(6) In this section “specified”, in relation to a direction, means specified—

(a) in the regulations under which the direction was given; or

(b) in the direction in accordance with those regulations.