OpenLegislation

Section 33 Transfer of licences.F1

Northern Ireland

(1)

Subject to subsection (2), a licence granted under Part II F2... shall not be transferable by the holder of the licence or by operation of law to any other person.

(2)

The Ministry may by regulations provide for the holding of a licence granted under Part II F3... by a person other than the person to whom the licence was granted where—

(a)

the person to whom the licence was granted dies or becomes incapacitated, or isF4 adjudged bankrupt or makes a voluntary arrangement proposed for the purposes of, and approved under, Part VIII of the Insolvency (Northern Ireland) Order 1989 F5or becomes subject to a bankruptcy restrictions order F6or has had a debt relief order made in respect of him, or becomes subject to a debt relief restrictions order ;

(b)

an order has been made by a court, or a resolution has been passed for the winding up of the undertaking of the person to whom the licence was granted, except for the purpose of reconstruction;

(c)

a receiver or liquidator of the undertaking of the person to whom the licence was granted has been appointedF7 or the undertaking enters administration; or

(d)

the person to whom the licence was granted is a government department (including a department of the Government of the United Kingdom) or a body established by or under any statutory provision and the functions of that department or body are transferred by or under a statutory provision to any other person; [F8 or

(e)

F9..., the licence has been revoked under section 10(3A) ... as from some future date.]

Annotations

Textual amendments

F1

mod. by SR 1987/187, 383

F2

Words in s. 33(1) repealed (1.7.2012) by Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010 (c. 2), s. 60(2), Sch. 4; S.R. 2012/262, art. 2 (with arts. 4-6)

F3

Words in s. 33(2) repealed (1.7.2012) by Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010 (c. 2), s. 60(2), Sch. 4; S.R. 2012/262, art. 2 (with arts. 4-6)

F4

1989 NI 19

F5

Words in s. 33(2)(a) inserted (21.4.2015) by The Insolvency (Northern Ireland) Order 2005 (Consequential Amendments) Order (Northern Ireland) 2015 (S.R. 2015/159), art. 1, Sch. para. 4(3)

F6

Words in s. 33(2)(a) inserted (7.3.2016) by The Debt Relief Act (Northern Ireland) 2010 (Consequential Amendments) Order (Northern Ireland) 2016 (S.R. 2016/108), art. 1, Sch. para. 6(3)

F7

Words in s. 33(2)(c) inserted (27.3.2006) by Insolvency (Northern Ireland) Order 2005 (S.I. 2005/1455 (N.I. 10)), arts. 1(3), 3(3), Sch. 2 para. 9; S.R. 2006/21, art. 2 (subject to transitional provisions and savings in S.R. 2006/22, arts. 2 - 7)

F8

SR 1981/2

F9

Words in s. 33(2)(e) repealed (1.7.2012) by Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010 (c. 2), s. 60(2), Sch. 4; S.R. 2012/262, art. 2 (with arts. 4-6)

Notes on the whole Act

Textual amendments

F1

Certain functions transf. by SR 1999/481

Notes on Part IV

Modifications

C1

Pt. IV: transfer of functions (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 5 Pt. 2 (with art. 9(2))