The Goods Vehicles (Licensing of Operators) (Fees) (Amendment) Regulations 2010

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Goods Vehicles (Licensing of Operators) (Fees) Regulations 1995 (“the principal Regulations”) and make provision for refunds of certain fees previously charged under them. The principal Regulations prescribe fees, in relation to the licensing of operators of goods vehicles, under the Goods Vehicles (Licensing of Operators) Act 1995.

The principal Regulations were last amended with effect from 20th April 2009, by the Goods Vehicles (Licensing of Operators) (Fees) (Amendment) Regulations 2009 (S.I. 2009/804) (“the 2009 Amending Regulations”). The 2009 Amending Regulations abolished vehicle related charges (those in Part II of the Schedule to the principal Regulations) from 1st April 2010 and reduced those charges to an amount equal to £2 per vehicle, per month, or part thereof, in respect of the transitional period up to and including 31st March 2010.

These Regulations contain refund provisions relating to vehicle related charges which have been paid in advance, at rates applicable before the 2009 Amending Regulations came into force. Payments made at those rates in respect of each complete month beginning on or after the 1st April 2010 are refunded in full (regulation 3(2) and Part 1 of the Schedule). Payments which were made at these earlier rates in respect of complete months in the period beginning on 1st April 2009 and ending on either 31st March 2010 or an earlier date, are refunded at half the rate paid (regulation 3(3) and Part 2 of the Schedule). Payments made at transitional rates prescribed by the 2009 Amending Regulations do not attract a refund

Where an earlier refund has been made against part of the relevant fee payment (defined in regulation 3(1)(d)), for all or part of the period that the relevant fee payment was intended to cover, the value of the monthly rate used to calculate the refund payable under regulation 3(2) or (3) is reduced (regulation 3(4)). Where a refund entitlement arose under regulation 4 of the principal Regulations, as they had effect before the coming into force of these Regulations, but has not yet been paid, any refund paid under these Regulations is to discharge the equivalent amount of such an entitlement (regulation 3(5)).

In addition, where a licence ceased to be in force before the date of coming into force of these Regulations, no refund is payable under regulation 3(2), although a refund may be payable under regulation 3(3), provided the operator makes an application in writing (regulation 3(6) and (7)).

A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the VOSA Corporate Office, Berkeley House, Croydon Street, Bristol BS5 0DA. The impact assessment is also annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website at www.opsi.gov.uk.