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6.—(1) Subject to paragraph (2), where an application for a restricted licence is received by the Department and the applicant—
(a)can demonstrate that they have been operating a business immediately prior to the day appointed in Article 2;
(b)agrees to certain undertakings/conditions as required by the Department; and
(c)pays the appropriate fee in accordance with regulation 2 of the Goods Vehicles (Licensing of Operators) (Fees) Regulations (Northern Ireland) 2012(1),
the Department may issue the applicant with a temporary permit which shall have effect as if it were a restricted licence granted under section 12 of the Act.
(2) Any temporary permit issued, unless suspended or revoked under the Act, shall cease to have effect—
(a)on the grant of the restricted licence pursuant to the outstanding application; or
(b)where no such licence is granted on the expiry of the period of 28 days commencing on the date specified in paragraph (3).
(3) The date referred to in paragraph (2)(b) is—
(a)the date of the Department’s refusal given in accordance with regulation 20 of the Goods Vehicles (Licensing of Operators) Regulations (Northern Ireland) 2012 in relation to the outstanding application; or
(b)where an appeal is brought against that decision, the date of disposal or withdrawal of that appeal.
(4) Sections 9 and 10 of the Act shall not apply to applications for a restricted licence under paragraph (1).
(5) Where the Department issues a temporary permit in accordance with paragraph (1), it will provide certified true copies which must be carried on board any motor vehicle to be used under the permit.
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