15 Determinations in respect of transport managers
1 In determining whether a person who is a transport manager is of good repute, the Department must consider whether a finding that the person was no longer of good repute would constitute a disproportionate response.
2 If the Department determines that the person is no longer of good repute, the Department must order the person to be disqualified (either indefinitely or for such period as the Department thinks fit) from acting as a transport manager.
3 While a disqualification under paragraph (2) is in force—
(a) the person may not act as transport manager for any road transport undertaking;
(b) a certificate issued to the person under Article 8.8 of Regulation 1071/2009 (certificate of professional competence) is not valid.
4 A person in respect of whom an order has been made under paragraph (2) may appeal to the Upper Tribunal against the order.
5 The Department may direct that an order under paragraph (2) is not to take effect until the expiry of the time within which an appeal may be made to the Upper Tribunal against the order and, if such an appeal is made, until the appeal has been disposed of.
6 If the Department refuses to give a direction under paragraph (5), the person in respect of whom the order has been made may apply to the Upper Tribunal for such a direction.