Regulation 114 Amendment of regulation 9 (further provisions for the purposes of regulations 5 to 8)

The existing text of regulation 9 is renumbered as paragraph (1).

For regulation 9(1)(b) substitute—

“(b)

the Department may also disregard an offence—

(i)

if such time as the Department thinks appropriate has elapsed since the date of the conviction; or

(ii)

if the Department, having considered the number of offences committed by a person, determines that due to specific circumstances a negative determination of good repute for the person would constitute a disproportionate response.”.

After regulation 9(1) insert—

“(2)

In determining the good repute of a transport manager under regulation 13A(1)(b) regulations 5 to 9 shall apply as they apply to an individual with the omission of the words “or any other relevant person”.”.