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Paragraph 5

England, Wales and Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

C1(F11)

In paragraph 1(3)(a) the reference to an offence mentioned in paragraph 5 of Schedule 2 includes an offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under the law of England and Wales (within the meaning given by that section) is an offence mentioned in that paragraph.

C2(1A)

In paragraphs 3 and 4, references to an offence under the law of any part of the United Kingdom include an offence under section 42 of that Act.

(1B)

In paragraph 3(2)(c) the reference to a community order includes a service community order or overseas community order under that Act.

(2)

For the purposes of F2determining under this Act whether a person is of good repute, —

(a)

convictions which are spent for the purposes of the M1Rehabilitation of Offenders Act 1974 shall be disregarded; and

(b)

a traffic commissioner may also disregard an offence F3if—

(i)

such time as the commissioner thinks appropriate has elapsed since the date of the conviction, or

(ii)

the commissioner, 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.

Annotations

Textual amendments

F1

Sch. 3 para. 5(1)-(1B) substituted for Sch. 3 para. 5(1) (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 131; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F2

Words in Sch. 3 para. 5(2) substituted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 54(4)(a)

F3

Words in Sch. 3 para. 5(2)(b) substituted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 54(4)(b)

Marginal citations

M1

1974 c. 53.

Modifications

C1

Sch. 3 para. 5(1) modified (24.4.2009 for specified purposes, 31.10.2009 in so far as not already in force) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), art. 1(3), Sch. 1 para. 34(a)

C2

Sch. 3 para. 5(1A) modified (24.4.2009 for specified purposes, 31.10.2009 in so far as not already in force) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), art. 1(3), Sch. 1 para. 34(b)

Notes on Schedule 3

Textual amendments

F1

Words in Sch. 3 inserted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 54(1)

F2

Words in Sch. 3 substituted (4.12.2011) by The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 2 para. 20(8) (with Sch. 3 Pt. 2)

Modifications

C1

Sch. 3 modified by S.I. 1995/2869, reg. 29(12) (as amended (5.10.2017) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2017 (S.I. 2017/874), regs. 1(1), 6(e))