- Latest available (Revised)
- Original (As enacted)
There are currently no known outstanding effects for the Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010, SCHEDULE 1.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Section 30
1—(1) Where in the case of any application for [F1a heavy goods vehicle] licence—N.I.
(a)the requirements of sub-paragraphs (2) to (5) are satisfied at the time when the application is made, and
(b)the applicant so requests,
the Department may direct that paragraph 2 is to apply in relation to the application.
(2) Each place referred to in the application under section 7(4)(c) as a proposed operating centre of the applicant must already be specified in [F2a heavy goods vehicle] licence as an operating centre of its holder.
(3) That licence must be the same in the case of each such place, and no such place may be specified in more than the one [F3heavy goods vehicle] licence.
(4) Where any conditions under section 20(1)(a) or (c) relating to any such place are attached to that licence, the applicant must have consented to conditions in the same terms being attached to the licence the applicant is applying for.
(5) Where any undertakings relating to any such place are recorded in that licence, undertakings in the same terms must have been given by the applicant (or have been procured by the applicant to be given) for the purposes of the application.
(6) In determining whether to give a direction under this paragraph, the Department shall take account of whether any new adverse effects on environmental conditions are likely to arise from the use as an operating centre of the applicant of any such place, and may take account of any other matters it considers relevant.
(7) A place is not to be regarded for the purposes of sub-paragraph (2) as being specified in [F4a heavy goods vehicle] licence by reason only that it forms part of a place so specified; and a place that was, at the time mentioned in sub-paragraph (1)(a), a place specified in [F4a heavy goods vehicle] licence as mentioned in sub-paragraph (2) shall be disregarded for the purposes of sub-paragraph (2) if, at that time—
(a)that place was so specified by virtue of an interim direction such as is mentioned in section 22; or
(b)such conditions relating to—
(i)the exercise of the right of any person to appeal against a place being specified in [F5a heavy goods vehicle] licence, or
(ii)the review under section 34 of any decision so to specify a place,
as may be prescribed were not satisfied in relation to that place.
(8) In this paragraph “ [F6heavy goods vehicle] licence” does not include an interim licence issued under section 21
Textual Amendments
F1Words in Sch. 1 para. 1(1) substituted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 101(1)(a)
F2Words in Sch. 1 para. 1(2) substituted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 101(1)(b)
F3Words in Sch. 1 para. 1(3) substituted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 101(1)(c)
F4Words in Sch. 1 para. 1(7) substituted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 101(1)(d)(i)
F5Words in Sch. 1 para. 1(7)(b)(i) substituted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 101(1)(d)(ii)
F6Words in Sch. 1 para. 1(8) substituted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 101(1)(e)
Commencement Information
I1Sch. 1 para. 1 in operation at 22.6.2012 for specified purposes by S.R. 2012/247, art. 2, Sch.
I2Sch. 1 para. 1 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)
2—(1) The provisions of this paragraph have effect in relation to any application for [F7a heavy goods vehicle] licence in respect of which a direction has been given under paragraph 1.N.I.
(2) The notice published under section 9(1) shall state that the direction has been given.
(3) The following provisions of this Act shall not apply—
(a)section 10;
(b)section 11(1)(b) and (4);
(c)[F8section 12C(5)] so far as relating to the suitability of any place specified in the licence for use as an operating centre of the licence-holder;
(d)section 13; and
(e)section 14(3)(f).
(4) Notwithstanding anything in [F9section 12(6)] the Department may refuse the application if—
(a)any statement of fact made by the applicant (or procured by the applicant to be made) for the purposes of the request for the direction under paragraph 1 was false, whether to the applicant's knowledge or not; or
(b)any undertaking given or statement of expectation made by the applicant (or procured by the applicant to be given or made) for those purposes has not been fulfilled.
(5) If the application is granted, the Department—
(a)shall attach to the licence issued to the applicant any conditions in respect of which the applicant has consented under paragraph 1(4); and
(b)shall not attach any other conditions to the licence under section 20(1)(a) or (c).
(6) If the application is granted, the Department shall record in the licence—
(a)any undertakings given or procured to be given under paragraph 1(5); and
(b)any other undertakings given by the applicant (or procured by the applicant to be given), whether for the purposes of the application or for the purposes of the request for the direction under paragraph 1, that the Department considers to be material to the Department's decision to give the direction (and that would not otherwise be required by section 14(4) to be recorded in the licence).
Textual Amendments
F7Words in Sch. 1 para. 2(1) substituted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 101(2)
F8Words in Sch. 1 para. 2(3)(c) substituted (1.7.2012) by The Goods Vehicles (Qualifications of Operators) Regulations (Northern Ireland) 2012 (S.R. 2012/257), regs. 1(1), 17(17)(a)
F9Words in Sch. 1 para. 2(4) substituted (1.7.2012) by The Goods Vehicles (Qualifications of Operators) Regulations (Northern Ireland) 2012 (S.R. 2012/257), regs. 1(1), 17(17)(b)
Commencement Information
I3Sch. 1 para. 2 in operation at 22.6.2012 for specified purposes by S.R. 2012/247, art. 2, Sch.
I4Sch. 1 para. 2 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)
3—(1) Where in the case of an application for the variation of [F10a heavy goods vehicle] licence under section 16—N.I.
(a)the only direction applied for is one under subsection (1)(g) of that section that one or more new places be specified in the licence as an operating centre of the licence-holder,
(b)the requirements of sub-paragraphs (2) to (5) are satisfied at the time when the application is made, and
(c)the applicant so requests
the Department may direct that paragraph 4 is to apply in relation to the application.
(2) Each new place that is proposed to be specified in the licence must already be specified in another [F11heavy goods vehicle] licence as an operating centre of its holder.
(3) That other licence must be the same in the case of each such place, and no such place may be specified in more than the one other [F12heavy goods vehicle] licence.
(4) Where any conditions under section 20(1)(a) or (c) relating to any such place are attached to that other licence, the applicant must have consented to conditions in the same terms being attached to the licence the applicant is applying to have varied.
(5) Where any undertakings relating to any such place are recorded in that other licence, undertakings in the same terms must have been given by the applicant (or have been procured by the applicant to be given) for the purposes of the application.
(6) In determining whether to give a direction under this paragraph, the Department shall take account of whether any new adverse effects on environmental conditions are likely to arise from the use as an operating centre of the applicant of any such place, and may take account of any other matters the Department considers relevant.
(7) A place is not to be regarded for the purposes of sub-paragraph (2) as being specified in [F13a heavy goods vehicle] licence by reason only that it forms part of a place so specified; and a place that was, at the time mentioned in sub-paragraph (1)(b), a place specified in [F13a heavy goods vehicle] licence as mentioned in sub-paragraph (2) shall be disregarded for the purposes of sub-paragraph (2) if, at that time—
(a)that place was so specified by virtue of an interim direction such as is mentioned in section 22; or
(b)such conditions relating to—
(i)the exercise of the right of any person to appeal against a place being specified in [F14a heavy goods vehicle] licence, or
(ii)the review under section 34 of any decision so to specify a place,
as may be prescribed were not satisfied in relation to that place.
(8) In this paragraph “ [F15heavy goods vehicle] licence” does not include an interim licence issued under section 21.
Textual Amendments
F10Words in Sch. 1 para. 3(1) substituted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 101(3)(a)
F11Words in Sch. 1 para. 3(2) substituted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 101(3)(b)
F12Words in Sch. 1 para. 3(3) substituted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 101(3)(b)
F13Words in Sch. 1 para. 3(7) substituted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 101(3)(c)(i)
F14Words in Sch. 1 para. 3(7)(b)(i) substituted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 101(3)(c)(ii)
F15Words in Sch. 1 para. 3(8) substituted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 101(3)(d)
Commencement Information
I5Sch. 1 para. 3 in operation at 22.6.2012 for specified purposes by S.R. 2012/247, art. 2, Sch.
I6Sch. 1 para. 3 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)
4—(1) The provisions of this paragraph have effect in relation to any application for the variation of [F16a heavy goods vehicle] licence in respect of which a direction has been given under paragraph 3.N.I.
(2) Sections 16(4) and 17 shall not apply.
(3) If the application is granted, the Department—
(a)shall attach to the licence as varied any conditions in respect of which the applicant has consented under paragraph 3(4); and
(b)shall not attach any other conditions to the licence under section 20(1)(a) or (c).
(4) If the application is granted, the Department shall record in the licence as varied
(a)any undertakings given or procured to be given under paragraph 3(5); and
(b)any other undertakings given by the applicant (or procured by the applicant to be given), whether for the purposes of the application or for the purposes of the request for the direction under paragraph 3, that the Department considers to be material to its decision to give the direction.
Textual Amendments
F16Words in Sch. 1 para. 4(1) substituted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 101(4)
Commencement Information
I7Sch. 1 para. 4 in operation at 22.6.2012 for specified purposes by S.R. 2012/247, art. 2, Sch.
I8Sch. 1 para. 4 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)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Northern Ireland Assembly department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the Northern Ireland Assembly.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: