OpenLegislation

Regulation 5 Determination of good reputeF3C1

(1)

In determining whether an individual is of good repute F1under section 12A(2)(b) of the 2010 Act or regulation 13A(1)(b) , the Department may have regard to any matter but shall, in particular, have regard to—

(a)

any convictions or penalties incurred by the individual or any other relevant person; and

(b)

any other information in its possession which appears to the Department to relate to the individual's fitness to hold a licence.

(2)

In determining whether a company is of good repute F2under section 12A(2)(b) of the 2010 Act , the Department shall have regard to all the material evidence including, in particular—

(a)

any convictions or penalties incurred by the company, company employees or any other relevant person; and

(b)

any other information in its possession as to the previous conduct of the company or any other relevant person if that conduct appears to the Department to relate to the company's fitness to hold a licence.

(3)

For the purposes of these Regulations, any convictions or penalties incurred by any person include —

(a)

any conviction or penalty incurred by that person of an offence under the law of any part of the United Kingdom or any corresponding offence under the law of any country or territory outside the United Kingdom;

(b)

any conviction of that person of a serious offence within the meaning given in regulation 7; and

(c)

any conviction of that person of a road transport offence within the meaning given in regulation 8.

Annotations

Textual amendments

F1

Words in reg. 5(1) inserted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 113(2)

F2

Words in reg. 5(2) inserted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 113(3)

F3

Words in reg. 5 heading substituted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 113(1)

Modifications

C1

Reg. 5 applied (1.7.2012) by The Goods Vehicles (Licensing of Operators) Regulations (Northern Ireland) 2012 (S.R. 2012/261), regs. 1, 27(12)(a)

Notes on Part 2

Textual amendments

F1

Pt. 2 and cross-heading inserted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 112