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Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010

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This is the original version (as it was originally enacted).

This section has no associated Explanatory Notes

2.—(1) The provisions of this paragraph have effect in relation to any application for an operator’s licence in respect of which a direction has been given under paragraph 1.

(2) The notice published under section 9(1) shall state that the direction has been given.

(3) The following provisions of this Act shall not apply—

(a)section 10;

(b)section 11(1)(b) and (4);

(c)section 12(5)(d) so far as relating to the suitability of any place specified in the licence for use as an operating centre of the licence-holder;

(d)section 13; and

(e)section 14(3)(f).

(4) Notwithstanding anything in section 12(11) the Department may refuse the application if—

(a)any statement of fact made by the applicant (or procured by the applicant to be made) for the purposes of the request for the direction under paragraph 1 was false, whether to the applicant’s knowledge or not; or

(b)any undertaking given or statement of expectation made by the applicant (or procured by the applicant to be given or made) for those purposes has not been fulfilled.

(5) If the application is granted, the Department—

(a)shall attach to the licence issued to the applicant any conditions in respect of which the applicant has consented under paragraph 1(4); and

(b)shall not attach any other conditions to the licence under section 20(1)(a) or (c).

(6) If the application is granted, the Department shall record in the licence—

(a)any undertakings given or procured to be given under paragraph 1(5); and

(b)any other undertakings given by the applicant (or procured by the applicant to be given), whether for the purposes of the application or for the purposes of the request for the direction under paragraph 1, that the Department considers to be material to the Department’s decision to give the direction (and that would not otherwise be required by section 14(4) to be recorded in the licence).

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