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Section 49 Certificates of qualification.

England, Wales and Scotland

(1)

On an application made to him by a person wishing to engage in F1an undertaking F2established in a member State F3that involves the use of goods vehicles, the appropriate person shall issue to the applicant a certificate (a “certificate of qualification”) as to such matters relating to—

(a)

the applicant’s repute,

(b)

his professional competence, or

(c)

(where relevant) his financial standing,

as the appropriate person is satisfied he may properly certify and as appear to him to be of assistance to the applicant in satisfying any requirements imposed by the law of the F4... member State as regards the repute, professional competence and financial standing of persons engaged in F5such an undertaking established in that member State.

C1(2)

A certificate of qualification shall—

(a)

be in such form as the Secretary of State for Transport may specify; F6...

(b)

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

(3)

No certificate of qualification shall be issued before a fee of £20 has been paid.

(4)

The applicant shall give to the appropriate person such information as that person may reasonably require for the discharge of his duties in relation to the application.

(5)

In this section “the appropriate person”—

F7(a)

in relation to an applicant who holds an operator’s licence, means a traffic commissioner, and

(b)

in relation to an applicant who does not hold an operator’s licence, means the Secretary of State,

F8...

(6)

All fees payable under this section shall be paid into the Consolidated Fund.

Annotations

Textual amendments

F1

Word in s. 49(1) substituted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 50(1)(a)(i)

F2

Word in s. 49(1) inserted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 50(1)(a)(ii)

F3

Words in s. 49(1) substituted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 50(1)(a)(iii)

F4

Word in s. 49(1) omitted (17.3.2022) by virtue of The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 50(1)(b)(i)

F5

Words in s. 49(1) substituted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 50(1)(b)(ii)

F6

S. 49(2)(b) and preceding word omitted (17.3.2022) by virtue of The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 50(2)

F7

S. 49(5)(a)(b) substituted for s. 49(5)(a)-(c) (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)

F8

Words in s. 49(5) omitted (17.3.2022) by virtue of The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 50(3)

Modifications

C1

S. 49(2): Functions transferred (26.1.1998) by S.I. 1997/2971, art. 3(3)(a)