29.—(1) The provision in section 8(2) that a person shall not at the same time hold more than one operator’s licence in respect of the same area shall apply so that a firm shall be treated as a person separate from any partner of that firm or an individual in any other partnership.
(2) For the purposes of authorising goods vehicles to be used under section 5(1) when the licence-holder is a firm, any vehicle in the lawful possession of any partner of a firm shall be regarded as in the lawful possession of the firm.
(3) The provisions of section 13(3) shall apply in any case where an applicant for a standard licence is a firm so that the traffic commissioner is required to satisfy himself that—
(a)every one of the partners of that firm is of good repute;
(b)the firm satisfies the requirement of appropriate financial standing; and
(c)either—
(i)if one of the firm’s partners manage the road transport business carried on by the firm, he, or if more than one each of them, is professionally competent, or
(ii)the firm employs a transport manager or transport managers who, or if more than one each of whom, is of good repute and professionally competent.
(4) The provisions of section 13(4) shall apply in any case where an applicant for a restricted licence is a firm so that the traffic commissioner is required to satisfy himself that everyone of the partners of that firm is not unfit to hold an operator’s licence by reason of any activities or convictions covered by section 34(a) or (b).
(5) The provisions of section 13(6) shall apply in any case where an applicant is a firm and in such case the financial resources referred to in that subsection shall be those of the firm.
(6) The provisions of section 26 shall apply in any case where the licence-holder is a firm and in such a case any act, omission or conviction of a partner of that firm shall be regarded as the act, omission or conviction of the firm.
(7) The provisions of section 27(1) shall apply in any case where the licence-holder is a firm if—
(a)any one or more of the partners of that firm cease to satisfy the requirement to be of good repute; or
(b)the firm ceases to satisfy the requirement to be of appropriate financial standing; or
(c)when the requirement as to professional competence is satisfied by one or more of the firm’s partners who manage the road transport business carried on by the firm, he, or if more than one each of them, ceases to do so, or when the firm employs a transport manager or transport managers such manager, or if more than one any of them, ceases to be of good repute, or when the firm relies upon the employment of a single transport manager to satisfy the requirement as to professional competence, that transport manager ceases to be employed by the firm.
(8) The provisions of section 28 shall apply to the revocation of an operator’s licence held by a firm and in such a case the powers conferred by subsections (1) and (4) shall be exercisable in respect of each and every partner of that firm.
(9) Except in a case falling within paragraph (9) any requirement, obligation or prohibition (however expressed) placed on a person making an application or on the licence-holder by, or in pursuance of, a provision in the 1995 Act or these Regulations, shall apply where the licence-holder is a firm and the duty to meet the requirement or obligation or to comply with the prohibition, shall apply to the partners of that firm severally as well as jointly.
(10) Where an application is made by, or the licence-holder is a firm a requirement or obligation placed on the applicant or licence-holder by virtue of sections 8(4), 9(1) or 17(2) of the 1995 Act to inform the traffic commissioner of a notifiable conviction within the meaning given in paragraph 4 of Schedule 2 to the 1995 Act shall apply in relation to the notifiable conviction of each partner of that firm, and the duty to meet the requirement shall apply to the person convicted.
(11) The provisions in section 16(5) as to the events on which an operator’s licence held by an individual terminates apply in a case where such a licence is held by a firm, if—
(a)the partnership is dissolved; or
(b)one or more of the persons dies or becomes a [F1person who lacks capacity (within the meaning of the Mental Capacity Act 2005 (c.9)) to carry on the activities covered by the licence], or if (in Scotland) a curator bonis is appointed in respect of him, with the result that only one other of such persons who is not such a patient or so incapable remains in the partnership.
(12) In Schedule 3 to the 1995 Act—
(a)the provisions in paragraph 1 as regards determining whether an individual is of good repute apply, in a case of a firm in respect of each of the partners of that firm as they apply to an individual;
(b)the provision in paragraph 6 as regards determining whether the applicant for, or the holder of, a licence is of appropriate financial standing shall apply, in the case of a firm, to the financial standing of the firm;
(c)the provision in paragraph 8(2) that a company satisfies the requirement as to professional competence if, and so long as, if has a transport manager or transport managers of its road transport business who, or if more than one each of whom, is of good repute and professionally competent shall apply in the case of a firm so that the firm satisfies the said requirement if, and so long as, each of its partners is of good repute, and either—
(i)if one or more of the firm’s partners manage the road transport business carried on by the firm, he, or if more than one each of them, is professionally competent, or
(ii)the firm employs a transport manager or transport managers of its road transport business who, or if more than one each of whom, if of good repute and professionally competent; and
(d)in a case where one or more partners of a firm manage the road transport business carried on by that firm or the firm employs a transport manager or transport managers the provision in paragraphs 10 and 11 shall apply—
(i)as regards one such person or a single transport manager employed by the firm as it applies as regards a single transport manager employed by a company, and
(ii)as regards two or more such persons or two or more transport managers employed by the firm as it applies as regards two or more transport managers employed by a company.
Textual Amendments
F1Words in reg. 29(11)(b) substituted (E.W.) (1.10.2007) by The Mental Capacity Act 2005 (Transitional and Consequential Provisions) Order 2007 (S.I. 2007/1898), art. 1, Sch. 1 para. 21(2)
Commencement Information
I1Reg. 29 in force at 1.1.1996, see reg. 1