The Goods Vehicles (Licensing of Operators) (Fees) (Amendment) Regulations 2008

Statutory Instruments

2008 No. 1474

Road Traffic

The Goods Vehicles (Licensing of Operators) (Fees) (Amendment) Regulations 2008

Made

5th June 2008

Laid before Parliament

12th June 2008

Coming into force

1st August 2008

The Secretary of State for Transport makes the following Regulations in exercise of the powers conferred by sections 45(1)(1) and 57(1), (2) and (7) of the Goods Vehicles (Licensing of Operators) Act 1995(2) and by virtue of the Department of Transport (Fees) Order 1988(3).

Representative organisations have been consulted with in accordance with section 57(12) of the Goods Vehicles (Licensing of Operators) Act 1995.

Citation and commencement

1.  These Regulations may be cited as the Goods Vehicles (Licensing of Operators) (Fees) (Amendment) Regulations 2008 and shall come into force on 1st August 2008.

Amendments

2.  The Schedule to the Goods Vehicles (Licensing of Operators) (Fees) Regulations 1995(4) (the “principal Regulations”) is amended by substituting—

(a) in relation to fee number (i), “£238” for “£227”;

(b) in relation to fee numbers (ii) and (iii), respectively, “£372” for “£354”;

(c) in relation to fee number (iv), “£63” for “£60”;

(d) in relation to fee numbers (v) and (vi), respectively, in a case where an election has not been made under regulation 3(5), “£10” for “£9”.

Transitional provisions

3.  Subject to Regulation (4), where a decision has been made before the coming into force of these Regulations on an application for a licence or a variation of a licence—

(a) to grant the licence under section 13 of the Goods Vehicles (Licensing of Operators) Act 1995;

(b) to grant a variation to a licence under section 17(1)(a) of that Act;

(c) to issue an interim licence under section 24(1) of that Act; or

(d) to give an interim direction under section 25(1) of that Act;

the fees prescribed by the principal Regulations immediately before the coming into force of these Regulations in respect of fee numbers (ii), (iv) and (v) apply.

4.  In respect of fee numbers (iii), (v) and (vi) where—

(a) a fee is payable in respect of either an annual or 5 yearly anniversary of the date of the issue of the licence; and

(b) the last date for payment of the fee, ascertained in accordance with the provisions of column 4 of the Schedule to the principal Regulations, is on or after the date of coming into force of these Regulations,

the amount payable on that date shall be the relevant substituted amount as prescribed by regulation (2)(b) or (d).

Signed by authority of the Secretary of State

Jim Fitzpatrick

Parliamentary Under Secretary of State

Department for Transport

5th June 2008

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations increase the fees which are payable under the Goods Vehicles (Licensing of Operators) (Fees) Regulations 1995.

The fee increases, with percentage increases, are shown in the table below. The fees were last increased on 1st April 2007.

	OLD FEE	NEW FEE	PERCENTAGE INCREASE
Fee with licence application or application for a licence variation	£227	£238	4.8%
Fee for the issue of a licence	£354	£372	5.1%
Fee for the continuation in force of a licence	£354	£372	5.1%
Fee for the issue of an interim licence or interim direction	£60	£63	5.0 %
Additional fee for motor vehicles specified in the licence in a case where an election has not been made under regulation 3(5) to pay on an annual basis	£9	£10	11.1%

The additional fee for motor vehicles specified in the licence remains unchanged at £12 in cases where an election has been made under regulation 3(5) to pay on an annual basis.

The Regulations also contain transitional provisions in respect of fees to cover the situations where the date of an application or decision triggering a requirement to pay a fee and the date on which that payment falls due, differ.

A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the VOSA Corporate Office, Berkeley House, Croydon Street, Bristol BS5 0DA. The impact assessment is also annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website at www.opsi.gov.uk.

(1)

See section 58(1) for the meaning of “prescribed” and “regulations”.

(2)

1995 c.23.

(3)

S.I. 1988/643, which was made under the Finance (No.2) Act 1987 (c.51), section 102. The relevant entry in S.I. 1988/643 is Schedule 1, Table 1. Section 89(1) of the Transport Act 1968 (c.73) (the “1968 Act”) was repealed by the Goods Vehicles (Licensing of Operators) Act 1995, (the “1995 Act”), section 60(2), Schedule 8, Part I. By virtue of section 17(2)(a) of the Interpretation Act 1978 (c.30) the reference in the 1988 Order to the 1968 Act takes effect as a reference to the equivalent provisions of the 1995 Act.

(4)

S.I. 1995/3000, to which relevant amendments have been made by S.I. 2005/2345 and S.I. 2007/687.