Regulation 30(3)

SCHEDULE 2 E+W+S MODIFICATIONS IN RELATION TO HOLDING COMPANIES AND SUB SIDIARIES

1.  The 1995 Act and these Regulations have effect as if any reference (except in this Schedule) to a provision which is modified by this Schedule were a reference to that provision as so modified. E+W+S

Commencement Information

I1 Sch. 2 para. 1 in force at 1.1.1996, see reg. 1

2.  The 1995 Act has effect as if— E+W+S

(a) goods vehicles in the lawful possession of the subsidiary were in the lawful possession of the holding company;

(b) where a goods vehicle is used in circumstances in which, but for the provisions of regulation 30 the subsidiary would be deemed to be the user, the holding company were the user;

(c) a trade or business carried on by the subsidiary were carried on by the holding company;

(d) the subsidiary were an applicant for the grant or variation of the licence;

(e) any [F1 establishment and any] operating centre of the subsidiary were an [F1 establishment or] operating centre of the holding company;

(f) any person who is a director of the subsidiary were a director of the holding company;

(g) any person who is an employee of the subsidiary were an employee of the holding company;

(h) for section 10(1) there were substituted the following sub-section—

“(1) [F2 A traffic commissioner] may publish in the prescribed manner notice of any application [F2 which is received] for an operator’s licence made by a company or other body corporate in pursuance of Regulations made under section 46 of this Act”;

(i) in section 22(1) the reference in paragraph (b) to persons holding shares in the company included a reference to persons holding shares in the subsidiary, and the reference in paragraph (c) to the licence-holder included a reference to the subsidiary;

(j) in section 17(3) for the words “Except in the case mentioned in subsection (4), [F3 a traffic commissioner] shall publish" there were substituted “In the case of an application for a direction under subsection (1)(a) of this section made by a company or other body corporate in pursuance of Regulations made under section 46 of this Act, [F3 a traffic commissioner] may publish";

(k) in section 26(1) the references in paragraphs (a), (b), (d), (e), (g) and (h) to the licence-holder included references to the subsidiary;

(l) in section 26(5) the reference to the licence-holder included a reference to the subsidiary;

(m) in section 26(1)(c) the references to the licence-holder or any servant or agent of his included references to the subsidiary or any servant or agent of it, and as if the reference in sub-paragraph (iii) to a vehicle of which the licence-holder was the owner included a reference to a vehicle of which the subsidiary was the owner;

(n) in section 28(1) the reference to the licence-holder included a reference to the subsidiary;

(o) in section 28(4)(a) after sub-paragraph (ii) there were inserted the following sub-para graph—

“(iii) a company which is a subsidiary of such a company; or”;

(p) in section 28(5) there were substituted for paragraph (a) “where that person is a company or other body corporate which is the licence-holder in respect of a subsidiary of that company or other body corporate in pursuance of Regulations made under section 46 of this Act, in relation to any director of that company or other body corporate or of that subsidiary.".

Textual Amendments

F1 Words in Sch. 2 para. 2(e) inserted (5.10.2017) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2017 (S.I. 2017/874), regs. 1(1), 9

F2 Words in Sch. 2 para. 2(h) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 2 (with arts. 1(3), 2, 7)

F3 Words in Sch. 2 para. 2(j) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 2 (with arts. 1(3), 2, 7)

Commencement Information

I2 Sch. 2 para. 2 in force at 1.1.1996, see reg. 1

3.  These Regulations shall have effect as if— E+W+S

(a) in section 8 the reference to an operating centre of the applicant included a reference to an operating centre of the subsidiary;

(b) in regulation 26 the reference to the licence-holder included a reference to the subsidiary.

Commencement Information

I3 Sch. 2 para. 3 in force at 1.1.1996, see reg. 1