# The Goods Vehicles (Operators' Licences, Qualifications and Fees) (Amendment) (No. 2) Regulations 1991, Regulation 7: Protection of transport manager’s interests


After regulation 23 there shall be inserted—
“PART VIA
PROTECTION OF TRANSPORT MANAGER'S INTERESTS
Requirement for transport manager to be notified
23A (1) A licensing authority shall not in any proceedings under Part V make a finding that a transport manager is not of good repute or is not professionally competent unless the licensing authority is satisfied that the transport manager has been served with a notice—
(a) stating that an issue in the proceedings is whether he is of good repute or is professionally competent (as the case may be);
(b) stating that he is entitled to make representations under this regulation, within 28 days beginning with the date that the notice is served on him; and
(c) setting out the nature of the allegations against him.
(2) Where a transport manager makes representations under this regulation, the licensing authority shall consider the representations—
(a) in considering whether or not to hold an inquiry as provided in section 87, and
(b) in determining whether the transport manager is of good repute and is professionally competent.
(3) A transport manager who has made representations under this regulation shall be entitled to appear at any inquiry held under section 87 and either be heard in person or represented by counsel, a solicitor or, at the discretion of the licensing authority, by any other representative.
(4) A notice shall be deemed for the purposes of paragraph (2) to have been served on a transport manager on the date that it would have been delivered in the ordinary course of post if it was sent by post addressed to him at his last known address, notwithstanding that the notice was returned as undelivered or was for any other reason not received by him.
(5) The reference in this regulation to a person being of good repute or professionally competent shall be construed in accordance with Schedule 6.”

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Source: https://www.legislation.gov.uk/uksi/1991/2239/regulation/7 (the official version)
Page: https://openlegislation.uk/goods-vehicles-operators-licences-qualifications-and-fees-amendment-no-2-regulations-1991/regulation-7
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.