Goods Vehicles (Licensing of Operators) Act 1995

49 Certificates of qualification. E+W+S

(1) On an application made to him by a person wishing to engage in a road transport undertaking in a member State other than the United Kingdom, the appropriate person shall issue to the applicant a certificate (a “certificate of qualification”) as to such matters relating to—

(a) the applicant’s repute,

(b) his professional competence, or

(c) (where relevant) his financial standing,

as the appropriate person is satisfied he may properly certify and as appear to him to be of assistance to the applicant in satisfying any requirements imposed by the law of the other member State as regards the repute, professional competence and financial standing of persons engaged in road transport undertakings in that member State.

(2) A certificate of qualification shall—

(a) be in such form as the Secretary of State for Transport may specify; and

(b) have effect for the purposes of Article 3, 4 or (as the case may be) 5 of the 1977 Council Directive.

(3) No certificate of qualification shall be issued before a fee of £20 has been paid.

(4) The applicant shall give to the appropriate person such information as that person may reasonably require for the discharge of his duties in relation to the application.

(5) In this section “the appropriate person”—

(a) in relation to an applicant who holds only one operator’s licence, means the traffic commissioner who issued that licence;

(b) in relation to an applicant who holds more than one such licence, means the traffic commissioner who issued any one of those licences; and

(c) in relation to an applicant who holds no such licence, means the Secretary of State;

and in subsection (1) references to repute, professional competence or financial standing are to be construed in accordance with the 1974 Council Directive.

(6) All fees payable under this section shall be paid into the Consolidated Fund.

Annotations:

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Modifications etc. (not altering text)

C1 S. 49(2): Functions transferred (26.1.1998) by S.I. 1997/2971, art. 3(3)(a)