# The Goods Vehicles (Operators' Licences, Qualifications and Fees) (Amendment) Regulations 1990, Regulation 5


In regulation 10 (Death, bankruptcy etc of licence holder or applicant), in sub-paragraph (c)(iii) of paragraph (5) for the words “satisfies, as regards the firm, the requirements of professional competence” there shall be substituted the words “manages the road transport business carried on by the partnership” and after that regulation there shall be inserted the following regulation:—
“Partnerships
10A (1) The provisions of paragraph (1) of regulation 5 shall apply in any case where an applicant for a standard licence is persons in partnership so that the licensing authority is required to satisfy himself that—
(a) every one of such persons is of good repute,
(b) the firm satisfies the requirement of appropriate financial standing, and
(c) either—
(i) if one or more of those persons manage the road transport business carried on by the firm, he, or if more than one each of them, is professionally competent, or
(ii) the firm employs a transport manager or transport managers who, or if more than one each of whom, is of good repute and professionally competent.
(2) The provisions of paragraph (1) of regulation 9 shall apply in any case where the holder of a licence is persons in partnership if—
(a) any one or more of those persons cease to satisfy the requirement to be of good repute , or
(b) the firm ceases to satisfy the requirement to be of appropriate financial standing, or
(c) when the requirement as to professional competence is satisfied by one or more of those persons who manage the road transport business carried on by the firm, he, or if more than one each of them, ceases to do so, or when the firm employs a transport manager or transport managers such manager, or if more than one any of them, ceases to be of good repute, or when the firm relies upon the employment of a single transport manager to satisfy the requirement as to professional competence, that transport manager ceases to be employed by the firm.
(3) In Schedule 6—
(a) the provision in paragraph 2 as regards determining whether the applicant for, or the holder of, a licence is of appropriate financial standing shall apply, in the case of persons in partnership, to the financial standing of the firm;
(b) the provision in paragraph 3A that a company satisfies the requirement as to professional competence if, and so long as, it has a transport manager or transport managers of its road transport business who, or if more than one each of whom, is of good repute and professionally competent shall apply in the case of persons in partnership so that the firm satisfies the said requirement if, and so long as, each of such persons is of good repute, and either—
(i) if one or more of those persons manage the road transport business carried on by the partnership, he, or if more than one each of them, is professionally competent, or
(ii) the firm employs a transport manager or transport managers of its road transport business who, or if more than one each of whom, is of good repute and professionally competent; and
(c) in a case where one or more persons in partnership manage the road transport business carried on by the firm or the firm employs a transport manager or transport managers the provision in paragraph 5 shall apply—
(i) as regards one such person or a single transport manager employed by the firm as it applies as regards a single transport manager employed by a company, and
(ii) as regards two or more such persons or two or more transport managers employed by the firm as it applies as regards two or more transport managers employed by a company.
(4) In this regulation “firm” has the same meaning as in section 4 of the Partnership Act 1890”.

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Source: https://www.legislation.gov.uk/uksi/1990/1849/regulation/5 (the official version)
Page: https://openlegislation.uk/goods-vehicles-operators-licences-qualifications-and-fees-amendment-regulations-1990/regulation-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.