Paragraph A1 F1

(1)

A person has an effective and stable establishment in Great Britain under section 13A(2)(a) if the person satisfies, or will satisfy on the issuing of an operator’s licence, the requirements set out in sub-paragraph (2).

(2)

The requirements are that the person—

(a)

has premises in Great Britain at which the person—

(i)

is able to access, in electronic or any other form, the originals of the person’s core business documents, and

(ii)

carries out effectively and continuously, with appropriate equipment and facilities, the administration of the person’s transport service,

(b)

has access to one or more goods vehicles that are authorised to be used under the person’s operator’s licence,

(c)

has at a place or places in Great Britain—

(i)

a number of goods vehicles referred to in paragraph (b) that is proportionate to the national or international transport operations carried out from each place, and

(ii)

a number of drivers that is proportionate to the number of goods vehicles operating from that place,

(d)

has, if required under the Value Added Tax Act 1994 to charge value added tax on the supply of the person’s transport service, a VAT registration number,

(e)

is within the charge to income tax or corporation tax under the Tax Acts on income generated through the person’s transport service, and

(f)

is, if a company, a company within the meaning given in section 1(1) of the Companies Act 2006.

(3)

In sub-paragraph (2)—

“core business documents” includes—
1. (a)
  contracts relating to the transport service;
2. (b)
  documents relating to the goods vehicles authorised to be used under the person’s operator’s licence;
3. (c)
  accounting documents;
4. (d)
  personnel management documents;
5. (e)
  employment contracts;
6. (f)
  national insurance documents;
7. (g)
  documents containing data—
  1. (i)
    on the dispatching and posting of drivers, and
  2. (ii)
    relating to journeys, driving time and rest periods;
8. (h)
  any other document that a traffic commissioner may require to verify a person’s compliance with any requirement or obligation imposed by or under this Act;
“VAT registration number” means the number allocated by the Commissioners for Her Majesty’s Revenue and Customs to a person registered under the Value Added Tax Act 1994.

Annotations

Textual amendments

F1: Sch. 3 para. A1 and cross-heading inserted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 54(2)

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))