Section 7 Conditions of road service licences.F1
Northern Ireland
The Ministry may, when granting any F2bus operator's licence, attach conditions to that licence, including conditions for securing the safety and convenience of the public.
Without prejudice to the generality of subsection (1), the Department, when granting a F4bus operator's licence to which section 5(2) applies—
may attach to the licence a condition prohibiting the holder from using vehicles operated under the licence for providing a service for the carriage of passengers by road elsewhere than in the United Kingdom; and
shall attach to the licence conditions for requiring the holder of the licence to inform the Department, in writing within 28 days, if during the currency of the licence—
the holder of the licence or the person, if any, specified in the licence in pursuance of F5section 6A(6) is convicted of any offence;
the holder of the licence becomes bankrupt F6or becomes subject to a bankruptcy restrictions order F7or he is a person in relation to whom a moratorium period under a debt relief order applies or becomes subject to a debt relief restrictions order or goes into liquidationF8 or enters administration or an order of seizure is made against his property or a receiver or manager is appointed in relation to his trade or business; or
the person, if any, specified in the licence in pursuance of section 6A(5) ceases for whatever reason to be [F9 continuously and effectively responsible] for the operation of the motor vehicles used under the licence.
Where a F10bus operator's licence to which section 5(2) applies is granted by the Department to a person who satisfies the Department that he is an exempt person, paragraph ( b) of subsection (1A) shall not require the Department to attach to the licence the conditions specified in sub-paragraphs (i) and (ii) of that paragraph.]
On the application or with the consent of the holder of a F11bus operator's licence, the Ministry may at any time while the licence is in force amend (whether by addition, omission or variation) the conditions attached to the licence [ (other than a condition attached under subsection (1A)( b)], and upon such amendment the licence shall have effect subject to the conditions as so amended.
Where the holder of a F12bus operator's licence to which is attached the condition referred to in subsection (1A)( a) applies for the omission of that condition, he shall include in his application such particulars as to his professional competence or that of the person, if any, specified in the licence in pursuance of section 6A(5), as the Department may require.]
Where the holder of a F13bus operator's licence, or any person acting with his knowledge or consent, fails to comply with a condition of that licence, the holder of the licence shall be guilty of an offence and be liable on summary conviction to a fine not exceedingF14 level 3 on the standard scale.
Annotations
Textual amendments
- F1
mod. by SR 1981/199; 1987/187,383
- F2
Words in s. 7(1) substituted (5.10.2015) by Transport Act (Northern Ireland) 2011 (c. 11), s. 48(2), Sch. 1 para. 7(2); S.R. 2015/284, art. 2(1), Sch. (with art. 2(2)(3))
- F3
SR 1977/327
- F4
Words in s. 7(1A) substituted (5.10.2015) by Transport Act (Northern Ireland) 2011 (c. 11), s. 48(2), Sch. 1 para. 7(3); S.R. 2015/284, art. 2(1), Sch. (with art. 2(2)(3))
- F5
Words in s. 7 substituted (18.8.2014) by The Road Passenger Transport (Qualifications of Operators) Regulations (Northern Ireland) 2014 (S.R. 2014/206), regs. 1(1), 9(4)
- F6
Words in s. 7(1A)(b)(ii) 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(2)
- F7
Words in s. 7(1A)(b)(ii) 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(2)
- F8
Words in s. 7(1A)(b)(ii) 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. 7; S.R. 2006/21, art. 2 (subject to transitional provisions and savings in S.R. 2006/22, arts. 2 - 7)
- F9
SR 1981/2
- F10
Words in s. 7(1B) substituted (5.10.2015) by Transport Act (Northern Ireland) 2011 (c. 11), s. 48(2), Sch. 1 para. 7(4); S.R. 2015/284, art. 2(1), Sch. (with art. 2(2)(3))
- F11
Words in s. 7(2) substituted (5.10.2015) by Transport Act (Northern Ireland) 2011 (c. 11), s. 48(2), Sch. 1 para. 7(5); S.R. 2015/284, art. 2(1), Sch. (with art. 2(2)(3))
- F12
Words in s. 7(2A) substituted (5.10.2015) by Transport Act (Northern Ireland) 2011 (c. 11), s. 48(2), Sch. 1 para. 7(6); S.R. 2015/284, art. 2(1), Sch. (with art. 2(2)(3))
- F13
Words in s. 7(3) substituted (5.10.2015) by Transport Act (Northern Ireland) 2011 (c. 11), s. 48(2), Sch. 1 para. 7(7); S.R. 2015/284, art. 2(1), Sch. (with art. 2(2)(3))
- F14
Notes on the whole Act
Textual amendments
- F1
Certain functions transf. by SR 1999/481
Notes on Part II
Modifications
- C1
Pt. 2 (ss. 4-13) excluded (prosp.) by Taxis Act (Northern Ireland) 2008 (c. 4), ss. 54(2), 59 (with s. 54(3))
- C2
Pt. II: 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))