Section 46 Holding companies and subsidiaries.

England, Wales and Scotland

(1)

The Secretary of State may by regulations make provision for the purpose of enabling any company or other body corporate which has one or more subsidiaries to hold an operator’s licence under which the vehicles authorised to be used consist of or include vehicles belonging to or in the possession of any of its subsidiaries.

(2)

Regulations under this section may—

(a)

modify or supplement any of the provisions of this Act, other than the excepted provisions, so far as appears to the Secretary of State to be necessary or expedient for or in connection with the purpose mentioned in subsection (1), and

(b)

may contain such other supplementary and incidental provisions as appear to the Secretary of State to be requisite.

(3)

In this Act “the excepted provisions” means the following provisions F1..., namely—

(a)

sections 3, F23A, 4, 9(2) and (3)(b), F313A, 15(5) and (6), 20, 22(2) to (5), 27 and 49;

(b)

in section 58, in subsection (1), the definitions of “international transport operations”, “national transport operations”F4... and “transport manager”, and subsection (4); and

(c)

Schedule 3.

Annotations

Textual amendments

F1: Words in s. 46(3) omitted (4.12.2011) by virtue of The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 2 para. 16(a) (with Sch. 3 Pt. 2)
F2: Word in s. 46(3)(a) inserted (19.7.2018) by Haulage Permits and Trailer Registration Act 2018 (c. 19), ss. 11(6), 27(1)
F3: Word in s. 46(3)(a) substituted (4.12.2011) by The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 2 para. 16(b) (with Sch. 3 Pt. 2)
F4: Words in s. 46(3)(b) omitted (17.3.2022) by virtue of The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 49