Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010
- (b) any document, plate, mark or other thing by which, in pursuance of regulations, a vehicle is to be identified as being authorised to be used, or as being used, under an operator's licence;
- (c) any document evidencing the authorisation of any person by the Department for the purposes of this Act;
- (d) any certificate of qualification under section 49;
- (e) any international road haulage permit; and
- (f) such other documents or things as are prescribed.
- (3) A person guilty of an offence under subsection (1) is liable—
- (a) on summary conviction, to a fine not exceeding the statutory maximum;
- (b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine or to both.
- (4) In subsection (1) “forges” means makes a false document or other thing in order that it may be used as genuine.
False statements
37
- (1) A person who knowingly or recklessly makes, or causes to be made, a statement or furnishes information which is false or misleading in any material particular for the purpose of—
- (a) obtaining the issue of an operator's licence;
- (b) obtaining the variation of any such licence;
- (c) preventing the issue or variation of any such licence;
- (d) procuring the imposition of a condition or limitation in relation to any such licence;
- (e) obtaining the grant of an international road haulage permit;
- (f) obtaining the issue of a certificate of qualification under section 49; or
- (g) obtaining the issue of any other prescribed document;
is guilty of an offence.
- (2) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Enforcement
Powers of entry
38
- (1) The powers conferred on an authorised person by this section are exerciseable for the purpose of ascertaining whether any provisions of, or made under, this Act are being complied with.
- (2) An authorised person shall have the power to enter and inspect any vehicle used for the carriage of goods by road; and for that purpose the authorised person may stop and detain the vehicle during such time as is required for the inspection.
- (3) Subject to subsection (4), an authorised person shall at any time which is reasonable having regard to the circumstances have the power to enter and inspect any premises—
- (a) in or on which the authorised person has reason to believe that a vehicle used for the carriage of goods by road is kept;
- (b) which the authorised person has reason to believe are used or intended to be used—
- (i) in connection with the carriage of goods by road; or
- (ii) in connection with the maintenance of vehicles used for the carriage of goods by road.
- (4) An authorised person may not under subsection (3) enter premises which are occupied as a private dwelling unless under the authority of a warrant issued under subsection (5)(c).
- (5) Where a lay magistrate is satisfied by complaint on oath—
- (a) that an authorised person has been refused admission to any premises which the authorised person has a right to enter under subsection (3), or that such a refusal is apprehended, and that notice of the intention to apply for the warrant has been given to the occupier;
- (b) that an application for admission to the premises, or the giving of such a notice, would defeat the object of the entry, or that the premises are unoccupied or that the owner is temporarily absent; or
- (c) that admission to the premises is reasonably required for the purposes specified in the complaint and that an authorised person would, apart from subsection (4), be entitled for that purpose to exercise in respect of the premises a power of entry under subsection (3);
the lay magistrate may issue a warrant authorising the authorised person to enter the premises.
- (6) An authorised person entering any premises under this section may be accompanied by such other persons as appear to the authorised person to be necessary.
- (7) A warrant issued under subsection (5) shall continue in force until the purpose for which entry is required has been satisfied.
- (8) Where an authorised person exercises a power of entry on any premises by virtue of this section, the authorised person shall ensure that the premises are left no less secure by reason of the entry, and the Department shall make good or pay compensation for any damage to property caused by the authorised person in entering the premises, in carrying out any inspection or in making the premises secure.
- (9) Any question of disputed compensation shall be referred to and determined by the Lands Tribunal.
- (10) Where an authorised person exercises a power of entry under this section, the authorised person may seize and remove anything found on the vehicle or premises which the authorised person has reasonable cause to believe may be required as evidence in any proceedings for an offence under this Act.
- (11) For the purposes of subsection (10) the power to seize includes power to detach from a vehicle.
Power to seize documents etc
39
- (1) If an authorised person has reason to believe that—
- (a) a document or article carried on, or by the driver of, a goods vehicle, or
- (b) a document produced in pursuance of this Act,
is a document or article in relation to which an offence has been committed under section 36 or 37, the authorised person may seize that document or article.
- (2) Where—
- (a) a document or article is seized under subsection (1),
- (b) no person has, within 6 months of the date on which the document or article was seized, been charged with an offence in relation to it under section 36 or 37, and
- (c) the document or article is still detained,
then any of the persons mentioned in subsection (3) may make an application to a court of summary jurisdiction.
- (3) The persons who may make an application under subsection (2) are—
- (a) an authorised person;
- (b) the driver or owner of the vehicle;
- (c) the person from whom the document or article was seized.
- (4) On an application under subsection (2), the court of summary jurisdiction shall make such order respecting the disposal of the document or article, and award such costs, as the justice of the case may require.
- (5) For the purposes of subsection (1), the power to seize includes a power to detach from a vehicle.
Obtaining of information etc by authorised persons
40
- (1) Where an authorised person has reasonable cause to believe that a vehicle is used for the carriage of goods by road—
- (a) the owner or driver of the vehicle,
- (b) any person who has made, is making or intends to make, use of that vehicle for the carriage of goods by road, or
- (c) any servant or agent of any person of the kind referred to in paragraphs (a) or (b),
shall furnish to that authorised person all such information, and produce for inspection all such documents, as the authorised person may reasonably require from that person for the purposes set out in subsection (2).
- (2) The purposes referred to in subsection (1) are—
- (a) obtaining the name and address of the owner of the vehicle or of the person whose servant or agent the driver is, and
- (b) ascertaining, in relation to any goods which have been, or are being, or are to be, carried on the vehicle particulars of—
- (i) the description of the goods and the name and address of the owner of the goods;
- (ii) the places from which and to which the goods have been, are being, or are to be, carried.
- (3) The owner or occupier of any premises entered by an authorised person under section 38, or any servant or agent of any such person, or any person found on any such premises, shall give to the authorised person such information as it is in the person's power to give as to—
- (a) the name and address of the owner of any vehicle used for the carriage of goods by road which is kept in or on those premises or of the person whose servant or agent the driver of any such vehicle is;
- (b) the matters referred to in subsection (2)(b)(i), and (ii), in relation to any goods which have been, are being, or are to be, carried on any such vehicle kept in or on those premises;
- (c) any use of those premises in connection with the carriage of goods by road or the maintenance of vehicles used for the carriage of goods by road.
- (4) An authorised person may take copies of any documents—
- (a) produced under this section; or
- (b) relating to the carriage of goods by road or the maintenance of vehicles used for the carriage of goods by road, being documents which are found by the authorised person or constable on any vehicle or premises entered under section 38;
and for that purpose the authorised person may detain any document or vehicle for such time as is required for such copying.
Obstruction of authorised persons
41
Any person who—
- (a) wilfully obstructs an authorised person acting in the exercise of functions under this Act,
- (b) without reasonable cause fails to give an authorised person any information, or to produce any documents, or to allow that authorised person to copy any documents, being information or documents which that authorised person may reasonably require of that person for the purpose of the exercise of those functions,
- (c) prevents, or attempts to prevent, any other person from giving any such information to any authorised person, or
- (d) in giving any such information to any authorised person makes any statement which that person knows to be false in a material particular,
shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale or to imprisonment for a term not exceeding 6 months, or to both.
Exercise of enforcement powers: authorised persons and constables
42
- (1) The powers conferred on an authorised person by this Act are exercisable on production by that person, if so required, of that person's authority.
- (2) A constable may exercise the functions of an authorised person under this Act, but it shall not be necessary for a constable in uniform to produce any authority pursuant to subsection (1).
- (3) Section 41 applies in relation to a constable as it applies in relation to an authorised person.
Evidence by certificate
43
- (1) In any proceedings for an offence under this Act a certificate such as is mentioned in subsection (2) shall be evidence of the facts stated in it.
- (2) The certificate referred to in subsection (1) is a certificate issued by the Department which states—
- (a) that, on any date, a person was or was not the holder of an operator's licence;
- (b) that, by virtue of a direction given by the Department under regulations made under section 48(2)(b) or (3), a person is to be treated as having been the holder of an operator's licence on any date;
- (c) the date of the coming into force of any operator's licence;
- (d) the date on which any operator's licence ceased to be in force;
- (e) the terms and conditions of any operator's licence;
- (f) that a person is by virtue of an order of the Department disqualified from holding or obtaining an operator's licence, either indefinitely or for a specified period;
- (g) that a direction, having effect indefinitely or for a specified period, has been given by the Department under section 25(3) in relation to any person;
- (h) that an operator's licence was on any date or during any specified period suspended by virtue of a direction given by the Department under section 23(1); or
- (ha) that a person is by virtue of an order of the Department disqualified from acting as a transport manager, either indefinitely or for a specified period;
- (i) that, by virtue of a direction given by the Department under regulations made under section 48(2)(a), an operator's licence is to be treated as having been suspended on any date or during any specified period.
- (3) Any such certificate which purports to be issued by the Department shall be taken to be so issued unless the contrary is proved.
Detention of vehicle used without operator’s licence
44
Schedule 2 (which relates to the detention, removal and disposal of goods vehicles in respect of which it appears that section 1 is contravened) shall have effect.
Prosecutions
45
- (1) Proceedings for an offence under any of the provisions of this Act shall not be instituted except by the Department or a constable.
- (2) Article 10 of the Road Traffic Offenders (Northern Ireland) Order 1996 (NI 10) (time for bringing summary proceedings for certain offences) shall apply to an offence under section 8(2) or 37.
Miscellaneous
Disclosure of information
46
- (1) Any information which is obtained under this Act shall not, without the previous consent in writing of the person from whom the information was obtained, be disclosed except for the purposes of—
- (a) the execution of this Act;
- (b) any legal proceedings arising out of this Act, or any criminal proceedings, whether so arising or not; or
- (c) any reports of any proceedings of the kind referred to in paragraph (b).
- (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on summary conviction, to a fine not exceeding level 4 on the standard scale, or to imprisonment for a term not exceeding 6 months, or to both.
Fees
47
- (1) Such fees, payable at such times, and whether in one sum or by instalments, as may be prescribed shall be charged by the Department in respect of—
- (a) applications for, or for the variation of, operators' licences;
- (b) the issue or variation of operators' licences;
- (c) the continuation in force of operators' licences.
- (2) The Department may decline to proceed with—
- (a) any application for, or for the variation of, an operator's licence, or
- (b) the issue or variation of any operator's licence,
until any fee or instalment of a fee in respect of the application, issue or variation (as the case may be) is duly paid.
- (3) If, in the case of any application for, or for the variation of, an operator's licence, any fee or instalment of a fee in respect of the application or the issue or variation of the licence is not duly paid by the prescribed time—
- (a) the application shall be treated as withdrawn at that time, and
- (b) any decision made or direction given on the application, and any licence issued or variation effected in pursuance of such a direction, ceases to have effect or terminates at that time.
- (4) If any fee or instalment of a fee in respect of the continuation in force of an operator's licence is not duly paid by the prescribed time, the licence terminates at that time.
- (5) The Department may, if it considers there to be exceptional circumstances that justify its doing so in any case where subsection (3) or (4) has applied, direct that as from the time mentioned in that subsection its effect in that case be disregarded.
- (6) Where, by virtue of such a direction, the effect of subsection (3)(a) is to be disregarded in any case, any termination—
- (a) of an interim licence under section 21(5)(b) or (6), or
- (b) of an interim direction under section 22(4),
by virtue of the operation of subsection (3)(a) in that case before the direction was given shall be cancelled with effect from the same time.
- (7) Where such a direction is given in respect of an operator's licence—
- (a) any condition attached to the licence under section 20(1)(b) shall be treated as having been of no effect during the period beginning with the time when the licence terminated by virtue of subsection (3) or (4) and ending with the time when the direction comes into force, and
- (b) subject to paragraph (a), the Department may vary any such condition as it applies in relation to events occurring before the direction comes into force.
- (8) Regulations under this section may provide for fees to be remitted or refunded (in whole or part) in prescribed cases.
Operators' licences not to be transferable
48
- (1) Subject to any regulations under section 52, an operator's licence is neither transferable nor assignable.
- (2) Regulations may make provision enabling the Department, where the holder of an operator's licence has died or become a patient within the meaning of Article 2(2) of the Mental Health (Northern Ireland) Order 1986 (NI 4), to direct that the licence be treated—
- (a) as not having terminated at the time when the licence-holder died or became a patient 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 the Department in prescribed circumstances to direct that any operator's licence 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 the Department to direct, for the purpose of giving effect to or supplementing a direction given by it 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.
- (5) 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.
Certificates of qualification
49
- (1) On an application made to the Department by a person wishing to engage in an undertaking established in a member State that involves the use of goods vehicles ..., the Department shall issue to the applicant a certificate (a “certificate of qualification”) as to such matters relating to the applicant's—
- (a) repute,
- (b) professional competence, or
- (c) financial standing (where relevant),
as the Department is satisfied it may properly certify and as appear to the Department to be of assistance to the applicant in satisfying any requirements imposed by the law of the ... member State as regards the repute, professional competence and financial standing of persons engaged in such an undertaking established in that member State.
- (2) A certificate of qualification shall—
- (a) be in such form as the Department may prescribe;
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) No certificate of qualification shall be issued before a prescribed fee has been paid to the Department.
- (4) The applicant shall give to the Department such information as it may reasonably require for the discharge of its duties in relation to the application.
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Method of calculating weight of vehicles
50
For the purposes of this Act the weight unladen of a vehicle shall be taken to be the weight of the vehicle inclusive of the body and all parts (the heavier being taken where alternative bodies or parts are used) which are necessary to or ordinarily used with the vehicle when working on a road, but exclusive of the weight of water, fuel or accumulators used for the purpose of the supply of power for the propulsion of the vehicle, and of loose tools and loose equipment.
Payment of grants
51
- (1) The Department may, with the approval of the Department of Finance and Personnel, pay such grants to such persons or bodies as it considers appropriate in connection with any provision of, or the purposes of, this Act.
- (2) Grants under this section shall be subject to such terms and conditions as the Department may, with the approval of the Department of Finance and Personnel, determine.
Application of this Act: special cases
Application of Act to holding companies and subsidiaries
52
- (1) Regulations may make provision for the purpose of enabling any company or other body corporate which has one or more subsidiaries to hold an operator's licence under which the vehicles authorised to be used consist of or include vehicles belonging to or in the possession of any of its subsidiaries.
- (2) Regulations under this section may modify or supplement any of the provisions of this Act, so far as appears to the Department to be necessary or expedient for or in connection with the purpose mentioned in subsection (1).
Application of Act to partnerships
53
Regulations may provide for this Act to apply in relation to partnerships with such modifications as may be prescribed.
Application of Act to the Crown
54
The provisions of this Act apply to vehicles and persons in the service of the Crown as they apply to other vehicles and persons.
Application of Act to harbours
55
A road vested in or under the control of—
- (a) the Belfast Harbour Commissioners, or
- (b) any other harbour authority having in relation to their harbour area powers similar to those of the Belfast Harbour Commissioners for restricting access to, and regulating motor traffic on, roads,
shall be treated for the purposes of this Act as a road to which the public has access.
Supplementary
Supplementary provision
56
- (1) The Department may by order make such incidental, supplementary, consequential, transitory, transitional or saving provisions as it considers necessary or expedient for the purposes of, in consequence of or for giving full effect to this Act or any provision of it, or in connection with the coming into operation of any provision of this Act.
- (2) An order under this section may amend, repeal or modify any statutory provision (including this Act).
- (3) The power conferred by this section is not restricted by any other provision of this Act.
- (4) An order shall not be made under this section unless a draft of the order has been laid before, and approved by resolution of, the Assembly.
Regulations
57
- (1) The Department may make regulations for any purpose for which regulations may be made under this Act, and for prescribing anything which may be prescribed under this Act, and generally for carrying this Act into effect.
- (2) In particular, but without prejudice to the generality of subsection (1), the Department may make regulations with respect to the following matters—
- (a) the procedure on applications for, and the determination of questions in connection with, the issuing and variation of operators' licences and the procedure under, and the determination of questions for the purposes of, sections 23 to 29 and 34;
- (b) the issue of operators' licences and the issue on payment of the prescribed fee of copies of such licences in the case of licences lost or defaced;
- (c) the forms which operators' licences are to take in order to show a distinction—
- (i) between a standard licence and a restricted licence; and
- (ii) between a licence covering both international and national transport operations and a licence covering national transport operations only;
- (d) the means by which vehicles may be identified, whether by plates, marks or otherwise, as being used or authorised to be used under an operator's licence;
- (e) the custody, production, return and cancellation of operators' licences and of documents, plates and any other means of identification prescribed under paragraph (d);
- (f) the payment of a prescribed fee in respect of any document, plate or other means of identification so prescribed that has been lost, defaced or broken;
- (g) the notification to the Department of vehicles which have ceased to be used under an operator's licence;
- (h) the circumstances in which goods are to be treated for the purposes of this Act as carried for hire or reward and the circumstances in which goods are to be treated for those purposes as carried by any person for or in connection with a trade or business carried on by that person.
- (3) The power under subsection (2)(a) shall include power to require a person applying for an operator's licence to state in the application—
- (a) whether the application is for a standard licence or a restricted licence, and
- (b) (if the application is for a standard licence) whether the application is for a licence to cover both international and national transport operations or for one to cover national transport operations only.
- (4) The power under subsection (2)(d) shall include power to require that any means of identification prescribed for a vehicle shall be carried notwithstanding that for the time being the vehicle is not being used for a purpose for which an operator's licence is required.
- (5) The power under subsection (2)(d) shall also include power to make provision with respect to the means by which—
- (a) any vehicle may be identified as being used under a standard licence or, as the case may be, a restricted licence; and
- (b) any vehicle which is being used under a standard licence may be identified as being used under a licence that permits it to be used—
- (i) for both international and national transport operations, or
- (ii) for national transport operations only.
- (6) The Department may make regulations for providing that any provision of this Act shall, in relation to vehicles brought temporarily into Northern Ireland, have effect subject to such modifications as may be prescribed.
- (7) A definition or description of a class of vehicles for the purposes of any regulation under this Act may be framed by reference to any characteristic of the vehicles or to any other circumstances whatever.
- (8) Any person who contravenes a provision of regulations under this section, a contravention of which is declared by the regulations to be an offence, is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
- (9) No regulations shall be made under section 1(2)(d), 12E or 27(3) unless a draft of the regulations has been laid before, and approved by a resolution of, the Assembly.
- (10) Any other regulations under this Act shall be subject to negative resolution.
- (11) Before making any regulations under this Act the Department shall consult with such representative organisations as the Department thinks fit.
- (12) Regulations under this Act may contain such incidental, supplementary, consequential, transitory or saving provisions as the Department considers necessary or expedient.
General interpretation
58
- (1) In this Act—
- “the 1995 Order” means the Road Traffic (Northern Ireland) Order 1995 (NI 18);
- “the 2009 Regulation” means Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC;
- “articulated combination” means a combination made up of—a motor vehicle which is so constructed that a trailer may by partial superimposition be attached to the vehicle in such a manner as to cause a substantial part of the weight of the trailer to be borne by the vehicle, anda trailer attached to it as described in paragraph (a);
- “authorised person” means—an examiner appointed by the Department under Article 74 of the 1995 Order; orany person authorised in writing by the Department for the purposes of this Act;
- “carriage of goods” includes haulage of goods;
- “contravention”, in relation to any condition or provision, includes a failure to comply with the condition or provision;
- “the Department” means the Department for Infrastructure ;
- “driver”—where a separate person acts as steersman of a motor vehicle, includes that person as well as any other person engaged in the driving of the vehicle; andin relation to a trailer, means the driver of the vehicle by which the trailer is drawn;
- “goods” includes goods or burden of any description;
- “goods vehicle” has the same meaning as in Article 2(2) of the 1995 Order;
- “heavy goods vehicle” means a goods vehicle, or a vehicle combination including a goods vehicle, that has a relevant plated weight exceeding 3.5 tonnes;
- “heavy goods vehicle licence” means an operator’s licence that authorises the use of one or more heavy goods vehicles (whether or not it also authorises the use of one or more light goods vehicles);
- “holding company” and “subsidiary” have the meaning given by section 1159 of the Companies Act 2006 (c. 46);
- “international road haulage permit” means a licence, permit, authorisation or other document issued in pursuance of a Community instrument relating to the carriage of goods by road between member States or an international agreement to which the United Kingdom is a party and which relates to the international carriage of goods by road, or an international road transport permit, within the meaning given by section 1(2) of the Haulage Permits and Trailer Registration Act 2018;
- “international transport operations” means the carriage of goods—from the United Kingdom to any other country or territory (or vice versa);through the United Kingdom from and to any other country or territory;within a country or territory other than the United Kingdom;
- “light goods vehicle” means a goods vehicle, or a vehicle combination including a goods vehicle, that has a relevant plated weight not exceeding 3.5 tonnes;
- “light goods vehicle licence” means an operator’s licence that authorises the use of only one or more light goods vehicles;
- “modification” includes addition, omission and alteration;
- “motor vehicle” and “trailer” have the same meaning as in Article 3(1) of the 1995 Order;
- “national transport operations” means the carriage of goods within only the United Kingdom;
- “notice” means notice in writing;
- “operating centre” has the meaning given in section 6(3);
- “operator's licence” has the meaning given in section 1(1);
- “owner”, in relation to any land in Northern Ireland, means a person, other than a mortgagee not in possession, who, whether in that person's own right or as trustee for any other person, is entitled to receive the rack rent of the land or, where the land is not let at a rack rent, would be so entitled if it were so let;
- “plated weight”, in relation to a vehicle, means a weight required to be marked on it by means of a plate in pursuance of regulations made by virtue of Article 55 of the 1995 Order;
- “prescribed” means prescribed by regulations;
- “regulations” means regulations made by the Department;
- “relevant plated weight” has the meaning given in section 1(3);
- “restricted licence” has the meaning given in section 2(3);
- “road” has the same meaning as in Article 2(2) of the 1995 Order;
- ...
- “standard licence” has the meaning given in section 2(2);
- “statutory provision” has the same meaning as in section 1(f) of the Interpretation Act (Northern Ireland) 1954 (c. 33);
- “transport manager” has the meaning given in section 12A(5) ;
- “Upper Tribunal” means the Upper Tribunal constituted under section 3 of the Tribunals, Courts and Enforcement Act 2007 (c. 15);
- “vehicle combination” means a combination of goods vehicles made up of one or more motor vehicles and one or more trailers all of which are linked together when travelling.
- (2) For the purposes of this Act, the driver of a vehicle, if it belongs to the driver or is in the driver's possession under an agreement for hire, hire-purchase or loan, and in any other case the person whose servant or agent the driver is, shall be deemed to be the person using the vehicle.
- (3) In this Act references to vehicles being authorised to be used under an operator's licence are to be read in accordance with section 4.
- (4) In its application to this Act, the Interpretation Act (Northern Ireland) 1954 (c. 33) has effect as if—
- (a) in section 20 (offences by corporations), subsection (3) were omitted; and
- (b) in section 24(1) (notice by post) the word “registering” were omitted.
Amendments and repeals
59
- (1) Schedule 3 (which contains amendments) shall have effect.
- (2) The statutory provisions set out in the first column of Schedule 4 are repealed to the extent specified in the second column of that Schedule.
Commencement
60
- (1) The following provisions of this Act come into operation on Royal Assent—
- (a) section 54;
- (b) section 57;
- (c) section 58;
- (d) this section; and
- (e) section 61.
- (2) The other provisions of this Act come into operation on such day or days as the Department may by order appoint.
- (3) An order under subsection (2) may contain—
- (a) such transitional provisions and savings;
- (b) such supplementary, incidental or consequential provisions (including any provision amending this Act),
as the Department considers necessary or expedient in connection with the coming into operation of any of the provisions of this Act.
Short title
61
This Act may be cited as the Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010.
SCHEDULE 1
Transfers in connection with new licences
1
- (1) Where in the case of any application for a heavy goods vehicle licence—
- (a) the requirements of sub-paragraphs (2) to (5) are satisfied at the time when the application is made, and
- (b) the applicant so requests,
the Department may direct that paragraph 2 is to apply in relation to the application.
- (2) Each place referred to in the application under section 7(4)(c) as a proposed operating centre of the applicant must already be specified in a heavy goods vehicle licence as an operating centre of its holder.
- (3) That licence must be the same in the case of each such place, and no such place may be specified in more than the one heavy goods vehicle licence.
- (4) Where any conditions under section 20(1)(a) or (c) relating to any such place are attached to that licence, the applicant must have consented to conditions in the same terms being attached to the licence the applicant is applying for.
- (5) Where any undertakings relating to any such place are recorded in that licence, undertakings in the same terms must have been given by the applicant (or have been procured by the applicant to be given) for the purposes of the application.
- (6) In determining whether to give a direction under this paragraph, the Department shall take account of whether any new adverse effects on environmental conditions are likely to arise from the use as an operating centre of the applicant of any such place, and may take account of any other matters it considers relevant.
- (7) A place is not to be regarded for the purposes of sub-paragraph (2) as being specified in a heavy goods vehicle licence by reason only that it forms part of a place so specified; and a place that was, at the time mentioned in sub-paragraph (1)(a), a place specified in a heavy goods vehicle licence as mentioned in sub-paragraph (2) shall be disregarded for the purposes of sub-paragraph (2) if, at that time—
- (a) that place was so specified by virtue of an interim direction such as is mentioned in section 22; or
- (b) such conditions relating to—
- (i) the exercise of the right of any person to appeal against a place being specified in a heavy goods vehicle licence, or
- (ii) the review under section 34 of any decision so to specify a place,
as may be prescribed were not satisfied in relation to that place.
- (8) In this paragraph “heavy goods vehicle licence” does not include an interim licence issued under section 21
2
- (1) The provisions of this paragraph have effect in relation to any application for a heavy goods vehicle licence in respect of which a direction has been given under paragraph 1.
- (2) The notice published under section 9(1) shall state that the direction has been given.
- (3) The following provisions of this Act shall not apply—
- (a) section 10;
- (b) section 11(1)(b) and (4);
- (c) section 12C(5) so far as relating to the suitability of any place specified in the licence for use as an operating centre of the licence-holder;
- (d) section 13; and
- (e) section 14(3)(f).
- (4) Notwithstanding anything in section 12(6) the Department may refuse the application if—
- (a) any statement of fact made by the applicant (or procured by the applicant to be made) for the purposes of the request for the direction under paragraph 1 was false, whether to the applicant's knowledge or not; or
- (b) any undertaking given or statement of expectation made by the applicant (or procured by the applicant to be given or made) for those purposes has not been fulfilled.
- (5) If the application is granted, the Department—
- (a) shall attach to the licence issued to the applicant any conditions in respect of which the applicant has consented under paragraph 1(4); and
- (b) shall not attach any other conditions to the licence under section 20(1)(a) or (c).
- (6) If the application is granted, the Department shall record in the licence—
- (a) any undertakings given or procured to be given under paragraph 1(5); and
- (b) any other undertakings given by the applicant (or procured by the applicant to be given), whether for the purposes of the application or for the purposes of the request for the direction under paragraph 1, that the Department considers to be material to the Department's decision to give the direction (and that would not otherwise be required by section 14(4) to be recorded in the licence).
Transfers in connection with the variation of licences
3
- (1) Where in the case of an application for the variation of a heavy goods vehicle licence under section 16—
- (a) the only direction applied for is one under subsection (1)(g) of that section that one or more new places be specified in the licence as an operating centre of the licence-holder,
- (b) the requirements of sub-paragraphs (2) to (5) are satisfied at the time when the application is made, and
- (c) the applicant so requests
the Department may direct that paragraph 4 is to apply in relation to the application.
- (2) Each new place that is proposed to be specified in the licence must already be specified in another heavy goods vehicle licence as an operating centre of its holder.
- (3) That other licence must be the same in the case of each such place, and no such place may be specified in more than the one other heavy goods vehicle licence.
- (4) Where any conditions under section 20(1)(a) or (c) relating to any such place are attached to that other licence, the applicant must have consented to conditions in the same terms being attached to the licence the applicant is applying to have varied.
- (5) Where any undertakings relating to any such place are recorded in that other licence, undertakings in the same terms must have been given by the applicant (or have been procured by the applicant to be given) for the purposes of the application.
- (6) In determining whether to give a direction under this paragraph, the Department shall take account of whether any new adverse effects on environmental conditions are likely to arise from the use as an operating centre of the applicant of any such place, and may take account of any other matters the Department considers relevant.
- (7) A place is not to be regarded for the purposes of sub-paragraph (2) as being specified in a heavy goods vehicle licence by reason only that it forms part of a place so specified; and a place that was, at the time mentioned in sub-paragraph (1)(b), a place specified in a heavy goods vehicle licence as mentioned in sub-paragraph (2) shall be disregarded for the purposes of sub-paragraph (2) if, at that time—
- (a) that place was so specified by virtue of an interim direction such as is mentioned in section 22; or
- (b) such conditions relating to—
- (i) the exercise of the right of any person to appeal against a place being specified in a heavy goods vehicle licence, or
- (ii) the review under section 34 of any decision so to specify a place,
as may be prescribed were not satisfied in relation to that place.
- (8) In this paragraph “heavy goods vehicle licence” does not include an interim licence issued under section 21.
4
- (1) The provisions of this paragraph have effect in relation to any application for the variation of a heavy goods vehicle licence in respect of which a direction has been given under paragraph 3.
- (2) Sections 16(4) and 17 shall not apply.
- (3) If the application is granted, the Department—
- (a) shall attach to the licence as varied any conditions in respect of which the applicant has consented under paragraph 3(4); and
- (b) shall not attach any other conditions to the licence under section 20(1)(a) or (c).
- (4) If the application is granted, the Department shall record in the licence as varied
- (a) any undertakings given or procured to be given under paragraph 3(5); and
- (b) any other undertakings given by the applicant (or procured by the applicant to be given), whether for the purposes of the application or for the purposes of the request for the direction under paragraph 3, that the Department considers to be material to its decision to give the direction.
SCHEDULE 2
Detention of property
1
Regulations may provide that where an authorised person has reason to believe that a goods vehicle is being, or has been, used on a road in contravention of section 1, the authorised person may detain the vehicle and its contents.
2
Regulations may make provision with respect to property detained by virtue of paragraph 1.
Immobilisation and removal
3
- (1) Regulations may provide that an authorised person may, before a goods vehicle is moved by virtue of paragraph 5—
- (a) fix an immobilisation device to the vehicle in the place where the vehicle has been detained, or
- (b) move the vehicle, or require it to be moved, to a more convenient place and fix an immobilisation device to the vehicle in that other place.
- (2) Regulations may provide that on any occasion when an immobilisation device is fixed to a goods vehicle in accordance with the regulations the person fixing the device must also fix to the vehicle a notice—
- (a) indicating that the device has been fixed to the vehicle and warning that no attempt should be made to drive it or otherwise put it in motion until it has been released from the device,
- (b) specifying the steps to be taken to secure its release, and
- (c) giving such other information as may be prescribed.
- (3) Regulations may provide that—
- (a) a goods vehicle to which an immobilisation device has been fixed in accordance with the regulations may only be released from the device by or under the direction of an authorised person;
- (b) an immobilisation notice shall not be removed or interfered with except by or on the authority of an authorised person.
4
- (1) Regulations may provide that a person who, without being authorised to do so in accordance with paragraph 3(3)(a), removes or attempts to remove an immobilisation device fixed to a goods vehicle under regulations made by virtue of paragraph 3(1) is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
- (2) Regulations may provide that a person who removes or interferes with an immobilisation notice in contravention of regulations made by virtue of paragraph 3(3)(b) is guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale
5
- (1) Regulations may make provision for an authorised person to direct that any property detained by virtue of paragraph 1 be removed and delivered into the custody of a person specified in the direction.
- (2) Regulations may provide that a direction under sub-paragraph (1) may only specify a person—
- (a) who is identified in accordance with prescribed rules, and
- (b) who has made arrangements with the Department and has agreed to accept delivery of the property in accordance with those arrangements;
and the arrangements may include the payment of a sum to a person into whose custody any property is delivered.
- (3) Regulations may also provide that, where an authorised person has given a direction by virtue of sub-paragraph (1) in respect of a goods vehicle, the authorised person may allow the driver of the vehicle to deliver its contents to their destination or some other suitable place before delivering the vehicle into the custody of the person specified in the direction.
6
- (1) Regulations may make provision for informing persons who may be entitled to the property that it has been detained.
- (2) Provision made by virtue of sub-paragraph (1) may, in particular, include provision requiring—
- (a) the publication by an authorised person of such notices as may be prescribed, and
- (b) the giving of notice by an authorised person to such persons as may be prescribed.
Return or disposal of vehicle
7
Regulations may make provision authorising a vehicle detained by virtue of paragraph 1 to be returned to the owner, in prescribed circumstances, without the need for any application under paragraph 8.
8
- (1) Regulations shall make provision enabling the owner of a goods vehicle detained by virtue of paragraph 1 to apply to the Department for the return of the vehicle.
- (2) Regulations may, in particular—
- (a) require notice of an application to be given to the Department within such period as may be determined in accordance with the regulations, and
- (b) require notice of an application to be made in such form as may be prescribed.
- (3) Regulations shall make provision as to the grounds upon which the owner may apply for the return of the vehicle.
- (4) Those grounds may include the following grounds—
- (a) that at the time the vehicle was detained the person using the vehicle held an operator's licence (whether or not authorising the use of the vehicle)
- (b) that at the time the vehicle was detained the vehicle was not being, and had not been, used in contravention of section 1, or
- (c) that, although at the time the vehicle was detained it was being, or had been, used in contravention of section 1, the owner did not know that it was being, or had been, so used.
9
- (1) Regulations shall make provision—
- (a) enabling the Department to hold a hearing before determining an application by virtue of paragraph 8,
- (b) requiring the Department to hold a hearing if requested by a person who claims to be the owner,
- (c) as to the time within which the hearing must be held, and
- (d) subject to such provision as may be made by the regulations, for the hearing to be held in public.
- (2) Regulations shall also provide that, if no hearing is held, the Department must determine the application within a prescribed time after receiving notice of the application.
- (3) Regulations shall provide that—
- (a) if the Department determines that one of the grounds prescribed by virtue of paragraph 8(3) is made out, it must order the person specified in a direction by virtue of paragraph 5(1) to return the goods vehicle to the owner;
- (b) if the Department determines that none of those grounds is made out, the vehicle may be sold or destroyed by the person specified, in such manner as may be prescribed.
10
- (1) Regulations shall provide for an appeal to the Upper Tribunal against the determination of the Department.
- (2) Regulations—
- (a) may prescribe the period within which an appeal must be made, and
- (b) may make provision for notice of the appeal to be given to the Upper Tribunal, the Department and such other persons as may be prescribed.
11
Regulations may provide that, if no application is made to the Department in accordance with regulations made by virtue of paragraph 8, any goods vehicle detained by virtue of paragraph 1 may be sold or destroyed in such manner as may be prescribed.
Return or disposal of contents of vehicle
12
- (1) Regulations may provide that the person specified in a direction by virtue of paragraph 5(1) may retain custody of the contents of a goods vehicle until—
- (a) the contents are returned, in accordance with the regulations, to a person who establishes that that person is entitled to them, or
- (b) the contents are sold or destroyed by the person specified in such manner as may be prescribed
- (2) Regulations may also make provision as to—
- (a) the period within which a person who claims to be entitled to the contents may make a claim for their return,
- (b) the requirements to be satisfied by a person who claims to be entitled to the contents (including requirements as to the person's entitlement), and
- (c) the manner in which entitlement to such contents is to be determined where there is more than one claim to them.
- (3) The person specified in a direction by virtue of paragraph 5(1) may not sell or destroy the contents unless—
- (a) such steps as may be required by regulations made by virtue of paragraph 6(1) have been taken and no person has, before the expiry of the period referred to in sub-paragraph (2)(a), established an entitlement to the contents, or
- (b) the condition of the contents requires them to be disposed of without delay.
Custody of property
13
Regulations shall provide that, subject to the powers of a person specified in a direction by virtue of paragraph 5(1) to sell or destroy any property by virtue of this Schedule, it shall be the duty of that person while any property is in that person's custody to take such steps as are necessary for the safe custody of that property.
Proceeds of sale
14
- (1) Regulations shall provide for the proceeds of sale of any property sold under regulations made by virtue of paragraph 9(3)(b), 11 or 12(1)(b)—
- (a) to be applied towards meeting expenses incurred by any authorised person in exercising functions by virtue of this Schedule, and
- (b) in so far as they are not so applied, to be applied in such other manner as may be prescribed.
- (2) Regulations may in particular provide for a sum determined in accordance with the regulations to be paid to a person if—
- (a) the person claims after the sale of property under regulations made by virtue of paragraph 9(3)(b), 11 or 12(1)(b) to be or to have been its owner,
- (b) the claim is made within a prescribed time of the sale, and
- (c) any other prescribed conditions are fulfilled.
Disputes
15
- (1) Regulations may make provision about the proceedings to be followed where a dispute occurs as a result of regulations made by virtue of paragraph 12 or 14.
- (2) Provision made by virtue of sub-paragraph (1) may in particular provide—
- (a) for an application to be made to a court of summary jurisdiction;
- (b) for a court to order a sum to be paid by the Department
Offences as to securing possession of property
16
- (1) Regulations may provide that where—
- (a) a person makes a declaration with a view to securing the return of a goods vehicle under regulations made by virtue of paragraph 9,
- (b) the declaration is that the vehicle was not being, or had not been, used in contravention of section 1, and
- (c) the declaration is to the person's knowledge either false or in any material respect misleading,
the person is guilty of an offence.
- (2) Regulations may provide that a person guilty of such an offence is liable—
- (a) on summary conviction, to a fine not exceeding the statutory maximum,
- (b) on conviction on indictment, to imprisonment for a term not exceeding 2 years, or to a fine, or both.
Interpretation
17
- (1) In this Schedule—
- “contents”, in relation to a goods vehicle, means any goods carried by that vehicle;
- “immobilisation device” means any device or appliance which is an immobilisation device for the purposes of paragraph 11 of Schedule 1 to the Road Traffic (Northern Ireland) Order 2007 (NI 10).
- (2) Regulations may, for the purposes of regulations made by virtue of this Schedule, make provision as to the meaning of “owner” as regards a goods vehicle.
- (3) Regulations made by virtue of sub-paragraph (2) may, in particular, provide that the owner of a goods vehicle at a particular time shall be taken to be—
- (a) any person in whose name the goods vehicle is then registered by virtue of the Vehicle Excise and Registration Act 1994 (c. 22), or
- (b) any person in whose operator's licence the goods vehicle is then specified.
SCHEDULE 3
The Transport Act (Northern Ireland) 1967 (c. 37)
1
In section 31(1) for “Parts II and III” substitute “ Part 2 ”.
2
In section 34(b) for “mark or permit” substitute “ or control document ”.
3
In section 37(2) for “Parts II and III” substitute “ Part 2 ”.
4
In section 43(1) for “Parts II and III” substitute “ Part 2 ”.
5
In section 45(g) for “Parts II and III” substitute “ Part 2 ”.
6
In section 45(i) for “Parts II and III” substitute “ Part 2 ”
7
In section 46 for “Parts II and III” substitute “ Part 2 ”.
8
In section 46A(1) for “7, 10, 15, 15A, 28A and 29” substitute “ 7 and 10 ”.
The International Road Haulage Permits Act 1975 (c. 46)
9
In section 1(8) for “Part III of the Transport Act (Northern Ireland) 1967” substitute “ the Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010 ”.
The Road Traffic (Northern Ireland) Order 1981 (NI 1)
10
In Article 87(1) after “the Transport Act (Northern Ireland) Act 1967” insert “ or section 57 of the Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010, ”.
11
In Schedule 1 at the end insert—
| Sections 38, 39 and 40 of the Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010. | To enter and inspect goods vehicles, to inspect and copy documents required to be carried on such vehicles and to seize certain articles. |
|---|---|
.
The Road Traffic (Northern Ireland) Order 1995 (NI 18)
12
In Article 74(1) for “Parts II to IV” substitute “ Parts 2 and 4 ”.
13
In Article 111(2)—
- (a) for the words “Parts II and III” substitute “ Part 2 ”;
- (b) at the end add “ or the Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010 ”.
SCHEDULE 4
“Standard” and “restricted” licences
Maximum numbers of vehicles
Maximum numbers of vehicles
Determination where objections etc are made on environmental grounds
Forgery of documents etc
Forgery of documents etc
False statements
Editorial notes
[^key-cd79dbde42d7760893341756170b147e]: S. 1 in operation at 22.6.2012 for specified purposes by S.R. 2012/247, art. 2, Sch.
[^key-9be7d79ad9755811360fbc0f4a0c3c53]: S. 4 in operation at 22.6.2012 for specified purposes by S.R. 2012/247, art. 2, Sch.
[^key-6c8f8f8c09849b0db7190bc4ad28b3dc]: S. 7 in operation at 22.6.2012 for specified purposes by S.R. 2012/247, art. 2, Sch.
[^key-77b62a288818ac452cc47b631307fd0a]: S. 8 in operation at 22.6.2012 for specified purposes by S.R. 2012/247, art. 2, Sch.
[^key-b43169b9f62b07d8bf9dd04ee0c8dd25]: S. 9 in operation at 22.6.2012 for specified purposes by S.R. 2012/247, art. 2, Sch.
[^key-741d90fd75c9ac797be1b85d339eef1e]: S. 10 in operation at 22.6.2012 for specified purposes by S.R. 2012/247, art. 2, Sch.
[^key-1639197ba9103a91a3c1f5d7b85b47f1]: S. 11 in operation at 22.6.2012 for specified purposes by S.R. 2012/247, art. 2, Sch.
[^key-062779190e5267d5fec85733d85e056c]: S. 12 in operation at 22.6.2012 for specified purposes by S.R. 2012/247, art. 2, Sch.
[^key-42f01def48a8135a68ff394ab25d7796]: S. 13 in operation at 22.6.2012 for specified purposes by S.R. 2012/247, art. 2, Sch.
[^key-488ba2d9d26022bb42b1734830cb794f]: S. 16 in operation at 22.6.2012 for specified purposes by S.R. 2012/247, art. 2, Sch.
[^key-abd58fed398db26478040b6aa83ec09a]: S. 17 in operation at 22.6.2012 for specified purposes by S.R. 2012/247, art. 2, Sch.
[^key-6a18fc09d5911ebbcff69a0a890cf2c8]: S. 18 in operation at 22.6.2012 for specified purposes by S.R. 2012/247, art. 2, Sch.
[^key-eb8e4fe441b049444e9d90e3e3f830ed]: S. 20 in operation at 22.6.2012 for specified purposes by S.R. 2012/247, art. 2, Sch.
[^key-5e52fe8f61da5d9ca28cf69891d02f54]: S. 27 in operation at 22.6.2012 for specified purposes by S.R. 2012/247, art. 2, Sch.
[^key-f2c1e27930ccf23506e0023406489339]: S. 28 in operation at 22.6.2012 for specified purposes by S.R. 2012/247, art. 2, Sch.
[^key-e1f898a97f93f18fd4d62c64055e5a34]: S. 31 in operation at 22.6.2012 for specified purposes by S.R. 2012/247, art. 2, Sch.
[^key-3d097845661ee716a8c17257188e258b]: S. 32 in operation at 22.6.2012 for specified purposes by S.R. 2012/247, art. 2, Sch.
[^key-6963f8fe60ee1501ada40a6db251aaac]: S. 34 in operation at 22.6.2012 for specified purposes by S.R. 2012/247, art. 2, Sch.
[^key-cc8c6495c56fb152dc5e9d09a3ceb10a]: S. 47 in operation at 22.6.2012 for specified purposes by S.R. 2012/247, art. 2, Sch.
[^key-90e6535d48b041a81547bb9e28011e4a]: S. 48 in operation at 22.6.2012 for specified purposes by S.R. 2012/247, art. 2, Sch.
[^key-c79a2d521bd29ef8fb830986c096c95e]: S. 49 in operation at 22.6.2012 for specified purposes by S.R. 2012/247, art. 2, Sch.
[^key-68f5968ab0562a80524401d601c5360f]: S. 52 in operation at 22.6.2012 for specified purposes by S.R. 2012/247, art. 2, Sch.
[^key-177fffffbfe4ba00afd047a8e922eae0]: S. 53 in operation at 22.6.2012 for specified purposes by S.R. 2012/247, art. 2, Sch.
[^key-f3c2f315c61e86b562002e8730456b83]: S. 30 in operation at 22.6.2012 for specified purposes by S.R. 2012/247, art. 2, Sch.
[^key-e8a8207a9846384c64325faf30a96216]: S. 44 in operation at 22.6.2012 for specified purposes by S.R. 2012/247, art. 2, Sch.
[^key-9dc87f74394fd2e9317fea53980ffa6e]: Sch. 1 para. 1 in operation at 22.6.2012 for specified purposes by S.R. 2012/247, art. 2, Sch.
[^key-9916def313601f43e0c4a3cda36abd06]: Sch. 1 para. 2 in operation at 22.6.2012 for specified purposes by S.R. 2012/247, art. 2, Sch.
[^key-fc9f3f881109ee8d5b1d9aaffca0df21]: Sch. 1 para. 3 in operation at 22.6.2012 for specified purposes by S.R. 2012/247, art. 2, Sch.
[^key-30f878eaa3f5388e8025b3066470f3e8]: Sch. 1 para. 4 in operation at 22.6.2012 for specified purposes by S.R. 2012/247, art. 2, Sch.
[^key-56e87eee3930debf3973642980d725da]: Sch. 2 para. 1 in operation at 22.6.2012 for specified purposes by S.R. 2012/247, art. 2, Sch.
[^key-89033b06c4edc9c5a9923045178498fc]: Sch. 2 para. 2 in operation at 22.6.2012 for specified purposes by S.R. 2012/247, art. 2, Sch.
[^key-7df9f441b619bfedcfa6f37648b47181]: Sch. 2 para. 3 in operation at 22.6.2012 for specified purposes by S.R. 2012/247, art. 2, Sch.
[^key-73a93dee17d21746c7be86a87dc1b5f3]: Sch. 2 para. 4 in operation at 22.6.2012 for specified purposes by S.R. 2012/247, art. 2, Sch.
[^key-0df4630243af5611f92e39083c53c9a7]: Sch. 2 para. 5 in operation at 22.6.2012 for specified purposes by S.R. 2012/247, art. 2, Sch.
[^key-aa7c9a4b8e90cf2226ce07d9fd17e388]: Sch. 2 para. 6 in operation at 22.6.2012 for specified purposes by S.R. 2012/247, art. 2, Sch.
[^key-29f0ac216eeab392550fc2340c907358]: Sch. 2 para. 7 in operation at 22.6.2012 for specified purposes by S.R. 2012/247, art. 2, Sch.
[^key-2182536d410df93560c4e8fa601669a9]: Sch. 2 para. 8 in operation at 22.6.2012 for specified purposes by S.R. 2012/247, art. 2, Sch.
[^key-bb8df2ad9bce679cacfda5cd7c6d2ebc]: Sch. 2 para. 9 in operation at 22.6.2012 for specified purposes by S.R. 2012/247, art. 2, Sch.
[^key-aab9752ed813d070373cea74ffe5231b]: Sch. 2 para. 10 in operation at 22.6.2012 for specified purposes by S.R. 2012/247, art. 2, Sch.
[^key-a9c0d90b6f5a33a81083bd2aff9f862c]: Sch. 2 para. 11 in operation at 22.6.2012 for specified purposes by S.R. 2012/247, art. 2, Sch.
[^key-28f70362375583484f0f581eb40e14a3]: Sch. 2 para. 12 in operation at 22.6.2012 for specified purposes by S.R. 2012/247, art. 2, Sch.
[^key-b7a49a9f0854ecb8cb73085f6153854a]: Sch. 2 para. 13 in operation at 22.6.2012 for specified purposes by S.R. 2012/247, art. 2, Sch.
[^key-f9b41390c2bcc77e43674e5af8ed3257]: Sch. 2 para. 14 in operation at 22.6.2012 for specified purposes by S.R. 2012/247, art. 2, Sch.
[^key-4d803dd51ea7d04e0339d0ec3a8cce54]: Sch. 2 para. 15 in operation at 22.6.2012 for specified purposes by S.R. 2012/247, art. 2, Sch.
[^key-caa958aef5eb9f0039bbe9e28af2544f]: Sch. 2 para. 16 in operation at 22.6.2012 for specified purposes by S.R. 2012/247, art. 2, Sch.
[^key-82a818aa8fe02692e9b9695df0b84397]: Sch. 2 para. 17 in operation at 22.6.2012 for specified purposes by S.R. 2012/247, art. 2, Sch.
[^key-7935011e302df1698640b40029af13c4]: S. 23 applied (1.7.2012) by The Goods Vehicles (Licensing of Operators) Regulations (Northern Ireland) 2012 (S.R. 2012/261), regs. 1, 27(6)
[^key-32e54de2cc2168a56b81bcd712539e2f]: S. 25 applied (1.7.2012) by The Goods Vehicles (Licensing of Operators) Regulations (Northern Ireland) 2012 (S.R. 2012/261), regs. 1, 27(8)
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