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Section 22 Conditions attached to operators’ licences as to matters required to be notified to traffic commissioner.F13

England, Wales and Scotland

(1)

On issuing an operator’s licence, a traffic commissioner may attach to the licence such conditions as he thinks fit for requiring the holder F1to inform a traffic commissioner —

(a)

of any change of a kind specified in the conditions in the organisation, management or ownership of the trade or business in the course of which vehicles are used under the licence or, if the licence is at any time suspended under section 26 or 28, were used under the licence immediately before its suspension;

(b)

where the licence-holder is a company, of any change, or of any change of a kind specified in the conditions, in the persons holding shares in the company; or

(c)

of any other event of a kind specified in the conditions which affects the licence-holder and which is relevant to the exercise of any powers of F2a traffic commissioner in relation to the licence.

(2)

On issuing a standard licence, a traffic commissioner shall attach to it the following conditions, namely—

(a)

a condition requiring the licence-holder to inform F3a traffic commissioner of any event which could affect the fulfilment by the licence-holder of any of the requirements of F4section F513A , and to do so within 28 days of the event; and

(b)

a condition requiring the licence-holder to inform a traffic commissioner of any event which could affect the fulfilment by a F6... transport manager of F7one or more of the requirements F8set out in paragraph 14A(1) and (2), or (1) and (3), of Schedule 3, and to do so within 28 days of the event coming to the licence-holder’s knowledge.

F9(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

In a case where the licence-holder is a company, no condition attached under subsection (2) shall be taken to require the company to inform F10a traffic commissioner of any change in the identity of the persons holding shares in the company unless the change is such as to cause a change in the control of the company.

(5)

For the purposes of subsection (4), a change in the control of a company occurs when the beneficial ownership of more than half its equity share capital (as defined in F11section 548 of the Companies Act 2006) passes from one person to another person or from one group of persons to a wholly or substantially different group of persons.

(6)

Any person who contravenes any condition attached under this section to a licence of which he is the holder is guilty of an offence and liable on summary conviction to a fine not exceeding F12level 5 on the standard scale.

Annotations

Textual amendments

F1

Words in s. 22(1) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 1 (with arts. 1(3), 2, 7)

F2

Words in s. 22(1)(c) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 1 (with arts. 1(3), 2, 7)

F3

Words in s. 22(2)(a)(b) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 1 (with arts. 1(3), 2, 7)

F4

Words in s. 22(2)(a) substituted (4.12.2011) by The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 2 para. 8(2)(a) (with Sch. 3 Pt. 2)

F5

Word in s. 22(2)(a) substituted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 40(2)(a)

F6

Word in s. 22(2)(b) omitted (4.12.2011) by virtue of The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 2 para. 8(2)(b)(i) (with Sch. 3 Pt. 2)

F7

Words in s. 22(2)(b) inserted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 40(2)(b)(i)

F8

Words in s. 22(2)(b) substituted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 40(2)(b)(ii)

F9

S. 22(3) omitted (4.12.2011) by virtue of The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 2 para. 8(2)(c) (with Sch. 3 Pt. 2)

F10

Words in s. 22(4) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 1 (with arts. 1(3), 2, 7)

F11

Words in s. 22(5) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 153(2) (with art. 10)

F12

Words in s. 22(6) substituted (4.12.2011) by The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 2 para. 8(2)(d) (with Sch. 3 Pt. 2)

F13

Words in s. 22 heading inserted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 40(1)