Regulation 82 Amendment of section 12A (requirements for standard licences)

(1)

In section 12A(2)^f1—

(a)

in paragraph (a), for “accordance with Article 5 of the 2009 Regulation” substitute “such manner as may be prescribed^f2”;

(b)

in paragraph (b), for “accordance with regulations and Article 6 of the 2009 Regulation” substitute “such manner as may be prescribed”;

(c)

at the end of paragraph (b) insert “and”;

(d)

in paragraph (c), for “accordance with regulations and Article 7 of the 2009 Regulation” substitute “such manner as may be prescribed”; and

(e)

omit paragraph (d) together with the “and” before it.

(2)

In section 12A(3)—

(a)

in the words before paragraph (a), omit “has designated a transport manager in accordance with Article 4 of the 2009 Regulation who”;

(b)

for paragraphs (a) and (b) substitute—

“(a)
is an individual who—

(i)
is professionally competent (as determined in such manner as may be prescribed) and

(ii)
has designated a suitable number of individuals (which may include the applicant) who satisfy such requirements as may be prescribed, or

(b)
if the applicant is not an individual, or is an individual who is not professionally competent, has designated a suitable number of individuals who satisfy such other requirements as may be prescribed.”.

(3)

After section 12A(3) insert—

“(4)
For the purposes of subsection (3), a number of designated individuals is suitable if the Department is satisfied it is proportionate to the maximum numbers of motor vehicles and trailers that may be used by the applicant in accordance with section 5 if the standard licence is issued.

(5)
In this Act, “transport manager” means an individual designated under subsection (3)(a)(ii) or (b).”.

Annotations

Footnotes

f1: Section 12A was inserted by S.I. 2012/257.
f2: Section 58(1) (general interpretation) defines the word “prescribed” as “prescribed by regulations”, the word “regulations” as “regulations made by the Department” and the term “the Department” (as amended by these Regulations) as “the Department for Infrastructure”. Section 57(1) (regulations) provides, among other things, that the Department may make regulations for prescribing anything that may be prescribed under the Act.