Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010

Environmental matters N.I.

Determinations as to environmental matters N.I.

31—(1) In making any determination of a description mentioned in subsection (2), the Department shall have regard to such considerations as may be prescribed as relevant to determinations of the description.

(2) The determinations referred to are—

(a) any determination with respect to the suitability of any place on environmental grounds for use as an operating centre of the holder of [F1 a heavy goods vehicle] licence;

(b) any determination with respect to attaching to [F2 a heavy goods vehicle] licence any condition such as is mentioned in section 20(1)(c) or varying or removing any such condition attached to [F2 a heavy goods vehicle] licence; and

(c) any determination with respect to the effect on environmental conditions in any locality of the use in any particular manner of any operating centre of the holder of [F3 a heavy goods vehicle] licence.

(3) In making any such determination for the purposes of exercising—

(a) any of its functions in relation to an application for, or for the variation of, [F4 a heavy goods vehicle] licence, or

(b) any of its functions under sections 27 to 29,

the Department may take into account any undertakings given by the applicant or licence-holder (or procured by the applicant or licence-holder to be given) for the purposes of the application or the review under sections 27 to 29, and may assume that those undertakings will be fulfilled.

(4) In making for those purposes a determination of a description mentioned in subsection (2)(a) or (c), the Department may take into account any conditions such as are mentioned in section 20(1)(c) that could be attached to the licence in question, and may assume that any conditions so attached will not be contravened.

(5) Where the Department—

(a) grants an application for, or for the variation of, [F5 a heavy goods vehicle] licence, or

(b) having served notice under section 27 in respect of any place specified in such a licence, exercises or determines not to exercise any of its powers under sections 28 and 29 in relation to that place,

any undertakings taken into account by the Department under subsection (3) that it considers to be material to the application or (as the case may be) to its decision under sections 28 and 29 shall be recorded in the licence in question.

Textual Amendments

F1 Words in s. 31(2)(a) substituted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 97(1)(a)

F2 Words in s. 31(2)(b) substituted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 97(1)(b)

F3 Words in s. 31(2)(c) substituted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 97(1)(c)

F4 Words in s. 31(3)(a) substituted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 97(2)

F5 Words in s. 31(5)(a) substituted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 97(2)

Commencement Information

I1 S. 31 in operation at 22.6.2012 for specified purposes by S.R. 2012/247, art. 2, Sch.

I2 S. 31 in operation at 1.7.2012 in so far as not already in operation by S.R. 2012/262, art. 2 (with arts. 4-6)