48 Operators’ licences not to be transferable etc.E+W+S
(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 F1... has died [F2or become a person who lacks capacity (within the meaning of the Mental Capacity Act 2005) to use a vehicle under the licence,], to direct that the licence be treated—
(a)as not having terminated at the time when the licence-holder died or [F3became a person who lacked capacity in that respect] 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 F4... 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 [F5or another traffic commissioner] 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 [F6a traffic 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 [F7a person lacking capacity] 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.
Textual Amendments
F1Words in s. 48(2) omitted (3.7.2013) by virtue of The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 1 (with arts. 1(3), 2, 7)
F2Words in s. 48(2) substituted (1.10.2007) by Mental Capacity Act 2005 (c. 9), s. 68(1), Sch. 6 para. 40(3)(a)(i) (with ss. 27-29, 62); S.I. 2007/1897, art. 2(1)(d)
F3Words in s. 48(2)(a) substituted (1.10.2007) by Mental Capacity Act 2005 (c. 9), s. 68(1), Sch. 6 para. 40(3)(a)(ii) (with ss. 27-29, 62); S.I. 2007/1897, art. 2(1)(d)
F4Words in s. 48(3) omitted (3.7.2013) by virtue of The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 1 (with arts. 1(3), 2, 7)
F5Words in s. 48(4) inserted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 1 (with arts. 1(3), 2, 7)
F6Words in s. 48(4) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 1 (with arts. 1(3), 2, 7)
F7Words in s. 48(5) substituted (1.10.2007) by Mental Capacity Act 2005 (c. 9), s. 68(1), Sch. 6 para. 40(3)(b) (with ss. 27-29, 62); S.I. 2007/1897, art. 2(1)(d)