Regulation 29 PartnershipsI1

England, Wales and Scotland

(1)

The provision in section 8(2) that a person shall not at the same time hold more than one operator’s licence in respect of the same area shall apply so that a firm shall be treated as a person separate from any partner of that firm or an individual in any other partnership.

(2)

For the purposes of authorising goods vehicles to be used under section 5(1) when the licence-holder is a firm, any vehicle in the lawful possession of any partner of a firm shall be regarded as in the lawful possession of the firm.

(3)

The provisions of F1section F213A shall apply in any case where an applicant for a standard licence is a firm so that the traffic commissioner is required to satisfy himself that—

(a)

every one of the partners of that firm is of good repute;

F3(b)

the firm satisfies the requirements to have an effective and stable establishment in Great Britain and to have appropriate financial standing; F4and

F5(c)

the firm has designated—

(i)

a suitable number of individuals, including one or more of the firm’s partners, who satisfy the requirements set out in paragraph 14A(1) and (2) of Schedule 3 to the 1995 Act; or

(ii)

if none of the firm’s partners satisfy the requirements referred to in paragraph (i), a suitable number of individuals who satisfy the requirements set out in paragraph 14A(1) and (3) of Schedule 3 to the 1995 Act.

(4)

The provisions of F6section 13B shall apply in any case where an applicant for a restricted licence is a firm so that the traffic commissioner is required to satisfy himself that everyone of the partners of that firm is not unfit to hold an operator’s licence by reason of any activities or convictions covered by section 13B(a) or (b).

(5)

The provisions of F7section 13D shall apply in any case where an applicant is a firm and in such case the financial resources referred to in that subsection shall be those of the firm.

(6)

The provisions of section 26 shall apply in any case where the licence-holder is a firm and in such a case any act, omission or conviction of a partner of that firm shall be regarded as the act, omission or conviction of the firm.

F8(7)

The provisions of section 27(1) shall apply in any case where the licence holder is a firm if—

(a)

the firm ceases to have an effective and stable establishment in Great Britain (as determined in accordance with F9paragraph A1 of Schedule 3 to the 1995 Act);

(b)

any partner of the firm ceases to satisfy the requirements of section 13A(2)(b) (good repute);

(c)

the firm ceases to have appropriate financial standing (as determined in accordance with F10paragraph 6A of Schedule 3 to the 1995 Act); or

(F11d)

a transport manager for the firm ceases to satisfy the requirements of, in the case of an individual designated under—

(i)

section 13A(3)(a)(ii) as applied by paragraph (3)(c)(i), paragraph 14A(1) and (2) of Schedule 3 to the 1995 Act; or

(ii)

section 13A(3)(b) as applied by paragraph (3)(c)(ii), paragraph 14A(1) and (3) of Schedule 3 to the 1995 Act.

(8)

The provisions of section 28 shall apply to the revocation of an operator’s licence held by a firm and in such a case the powers conferred by subsections (1) and (4) shall be exercisable in respect of each and every partner of that firm.

(9)

Except in a case falling within paragraph (9) any requirement, obligation or prohibition (however expressed) placed on a person making an application or on the licence-holder by, or in pursuance of, a provision in the 1995 Act or these Regulations, shall apply where the licence-holder is a firm and the duty to meet the requirement or obligation or to comply with the prohibition, shall apply to the partners of that firm severally as well as jointly.

(10)

Where an application is made by, or the licence-holder is a firm a requirement or obligation placed on the applicant or licence-holder by virtue of sections 8(4), 9(1) or 17(2) of the 1995 Act to inform F12a traffic commissioner of a notifiable conviction within the meaning given in paragraph 4 of Schedule 2 to the 1995 Act shall apply in relation to the notifiable conviction of each partner of that firm, and the duty to meet the requirement shall apply to the person convicted.

(11)

The provisions in section 16(5) as to the events on which an operator’s licence held by an individual terminates apply in a case where such a licence is held by a firm, if—

(a)

the partnership is dissolved; or

(b)

one or more of the persons dies or becomes a F13person who lacks capacity (within the meaning of the Mental Capacity Act 2005 (c.9)) to carry on the activities covered by the licence, or if (in Scotland) a curator bonis is appointed in respect of him, with the result that only one other of such persons who is not such a patient or so incapable remains in the partnership.

(12)

In Schedule 3 to the 1995 Act—

(a)

the provisions in paragraph 1 as regards determining whether an individual is of good repute apply, in a case of a firm in respect of each of the partners of that firm as they apply to an individual; F14...

F15(b)

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(c)

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F16(d)

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