The Road Passenger Transport (Qualifications of Operators) Regulations (Northern Ireland) 2014

Determination in respect of a transport manager: disqualification orders

7.—(1) If the Department determines that a person is no longer of good repute or (as the case may be) professionally competent, the Department shall, by notice served on the person, order that person to be disqualified (“a disqualification order”), either indefinitely or for such period as the Department thinks fit, from acting as a transport manager.

(2) While a disqualification order is in force—

(a) the person may not act as transport manager for any road transport operator; and

(b) a certificate issued to the person in accordance with Article 8.3 of the 2009 Regulation (certificate of professional competence) is not valid.

(3) A person in respect of whom a disqualification order has been made (a “disqualified person”) may, within 28 days from the service of the order, appeal to the county court against the order, at the same time as giving written notice of the appeal to the Department.

(4) The Department may direct that a disqualification order is not to take effect until 28 days have elapsed from the date on which the disqualification order was served or, if an appeal is made, until the appeal has been disposed of.

(5) If the Department refuses to give a direction under paragraph (4), the disqualified person may, within the time period mentioned in paragraph (3), apply to the county court for such a direction, at the same time as giving written notice of the application to the Department.

(6) On an appeal under paragraph (3) the county court, if it is satisfied that the Department was not justified in making a disqualification order, shall quash the Department’s order, stating the reasons for its decision.