The Goods Vehicles (Operators' Licences, Qualifications and Fees) (Amendment) Regulations 1992

Made: 28th September 1992

Laid before Parliament: 7th October 1992

Coming into force: 1st November 1992

The Secretary of State for Transport, in exercise of the powers conferred by sections 87(4) and 91(1) of the Transport Act 1968[^f00001], now vested in him[^f00002], and of all other enabling powers and after consultation with representative organisations in accordance with section 91(8) of that Act and with the Council on Tribunals in accordance with the requirements of section 10 of the Tribunals and Inquiries Act 1971[^f00003], hereby makes the following Regulations:—

1

These Regulations may be cited as the Goods Vehicles (Operators' Licences, Qualifications and Fees) (Amendment) Regulations 1992 and shall come into force on 1st November 1992.

2

The Goods Vehicles (Operators' Licences, Qualifications and Fees) Regulations 1984[^f00004] (“the principal Regulations”) shall be further amended in accordance with the following provisions of these Regulations.

Amendments

3

For Part VI, there shall be substituted the following—

(23) Schedule 7 shall have effect in relation to any inquiry held by a licensing authority.

4

In regulation 23A, paragraph (3) shall be omitted.

5

After regulation 24 there shall be inserted the following—

(24A) (1) Subject to paragraph (2), where a licensing authority grants or refuses an application for, or for the variation of, an operator’s licence, it shall be his duty to send a written statement of his reasons to— (a) the applicant; (b) every objector; and (c) every person who has made a representation in accordance with Regulations 18 and 19 and asked the licensing authority for such a statement. (2) Paragraph (1) does not apply where— (a) the licensing authority grants an application in the terms applied for; and (b) no objection or representation has been made in accordance with Regulations 18 or 19.

6

After Schedule 6, there shall be inserted the Schedule set out in the Schedule to these Regulations.

Transitional

7

• (1) Regulation 3 shall not apply to an inquiry held by a licensing authority for the purposes of Part V of the Transport Act 1968 which began before the coming into force of these Regulations.

• (2) Where an inquiry began before these Regulations were made or begins before they come into force, regulation 3 shall not apply to any adjourned inquiry in the same proceedings.

• (3) Any notice of an inquiry or adjourned inquiry given by a licensing authority before these Regulations come into force shall have effect for the purposes of Schedule 7 of the principal Regulations as if these Regulations had been in force at the time the notice was given.

SCHEDULE

Signed

Signed by authority of the Secretary of State for Transport

Kenneth Carlisle — Parliamentary Under Secretary of State, — Department of Transport — 28th September 1992

Explanatory note

(This note does not form part of the Regulations)

1 These Regulations further amend the Goods Vehicle (Operators' Licences, Qualifications and Fees) Regulations 1984.

2 A new Schedule 7 is inserted which governs procedures relating to public inquiries.

3 Regulation 23 previously required a licensing authority to give oral or written reasons for his decisions to certain persons in certain circumstances. The Regulation has been substantially re-enacted in a new regulation 24A, save that where previously reasons had to be given orally or in writing they now have to be in writing.

Footnotes

[^f00001]: 1968 c. 73.

[^f00002]: S.I. 1970/1681, 1979/571 and 1981/238.

[^f00003]: 1971 c. 62.

[^f00004]: S.I. 1984/176; relevant amending instrument is S.I. 1991/2239.

[^f00005]: 1978 c. 30.