2—(1) The provisions of this paragraph have effect in relation to any application for [F1a heavy goods vehicle] licence in respect of which a direction has been given under paragraph 1.N.I.
(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)[F2section 12C(5)] 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 [F3section 12(6)] 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).
Textual Amendments
F1Words in Sch. 1 para. 2(1) substituted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 101(2)
F2Words in Sch. 1 para. 2(3)(c) substituted (1.7.2012) by The Goods Vehicles (Qualifications of Operators) Regulations (Northern Ireland) 2012 (S.R. 2012/257), regs. 1(1), 17(17)(a)
F3Words in Sch. 1 para. 2(4) substituted (1.7.2012) by The Goods Vehicles (Qualifications of Operators) Regulations (Northern Ireland) 2012 (S.R. 2012/257), regs. 1(1), 17(17)(b)
Commencement Information
I1Sch. 1 para. 2 in operation at 22.6.2012 for specified purposes by S.R. 2012/247, art. 2, Sch.
I2Sch. 1 para. 2 in operation at 1.7.2012 in so far as not already in operation by S.R. 2012/262, art. 2 (with arts. 4-6)