Regulation 5 Death, bankruptcy etc of licence holder or applicant

Regulation 10 shall be omitted.

After regulation 32 there shall be inserted the following regulation—

“32A

(1)

In this regulation, “actual holder” in relation to licence, means the person to whom the licence was issued.

(2)

This Regulation applies in the event—

(a)

of the death or bankruptcy of the actual holder of a licence,

(b)

in the case of a company, of the actual holder of a licence going into liquidationor an administration order being made in relation to the actual holder, or

(c)

of the appointment of a receiver or manager of the trade or business of the actual holder of a licence.

(3)

This regulation also applies in the event of the actual holder of a licence becoming a patient within the meaning of Part VII of the Mental Health Act 1983^f1 or, in Scotland becoming incapable of managing his own affairs.

(4)

After the happening of any of the events mentioned in paragraphs (2) and (3) the licensing authority may direct that a person carrying on the trade or business of the actual holder of the licence is to be treated for the purposes of Part V as if he were the holder thereof for such purpose and to such extent as is specified in the direction for a period not exceeding—

(a)

if it appears to the licensing authority that there are special circumstances, 18 months;

(b)

in any other case, 12 months;

from the date of the happening of the event.

(5)

The powers under paragraph (4) shall be exercisable in relation to a standard licence whether or not the person carrying on the trade or business of the actual holder of the licence satisfies the requirement of professional competence.

(6)

Where a person is treated as if he were the holder of the licence by virtue of a direction under this regulation—

(a)

any vehicle belonging to the actual holder of the licence or in his possession under an agreement for hire purchase, hire or loan shall for the purposes of Part V be treated as if it belonged to that person, or was in the possession of that person under an agreement for hire purchase, hire or loan as the case may be; and

(b)

if the licence is a standard licence, nothing in regulation 9 shall oblige the licensing authority to revoke the licence by reason only of that person not satisfying the requirement of professional competence.

(7)

A licence shall not by virtue of this regulation continue to have effect after it would otherwise have expired by effluxion of time or ceased to continue in force by virtue of section 67(4) (whichever is the later).

(8)

Where the actual holder of a licence (“the old licence”) makes an application for a new licence, nothing in this regulation shall prevent the application being treated for the purposes of section 67(4) as an application for a new licence in substitution for the old licence.

(9)

Where a person who, by virtue of a direction given under this regulation is treated as being the holder of a licence (“the old licence”), makes an application in his own name for a new licence in substitution for the old licence the application shall, unless the contrary intention appears from the direction, be treated for the purposes of section 67(4) as an application by the actual holder of the old licence.”