Evidence by certificateN.I.
43—(1) In any proceedings for an offence under this Act a certificate such as is mentioned in subsection (2) shall be evidence of the facts stated in it.
(2) The certificate referred to in subsection (1) is a certificate issued by the Department which states—
(a)that, on any date, a person was or was not the holder of an operator's licence;
(b)that, by virtue of a direction given by the Department under regulations made under section 48(2)(b) or (3), a person is to be treated as having been the holder of an operator's licence on any date;
(c)the date of the coming into force of any operator's licence;
(d)the date on which any operator's licence ceased to be in force;
(e)the terms and conditions of any operator's licence;
(f)that a person is by virtue of an order of the Department disqualified from holding or obtaining an operator's licence, either indefinitely or for a specified period;
(g)that a direction, having effect indefinitely or for a specified period, has been given by the Department under section 25(3) in relation to any person;
(h)that an operator's licence was on any date or during any specified period suspended by virtue of a direction given by the Department under section 23(1); or
[F1(ha)that a person is by virtue of an order of the Department disqualified from acting as a transport manager, either indefinitely or for a specified period;]
(i)that, by virtue of a direction given by the Department under regulations made under section 48(2)(a), an operator's licence is to be treated as having been suspended on any date or during any specified period.
(3) Any such certificate which purports to be issued by the Department shall be taken to be so issued unless the contrary is proved.
Textual Amendments
F1S. 43(2)(ha) inserted (1.7.2012) by The Goods Vehicles (Qualifications of Operators) Regulations (Northern Ireland) 2012 (S.R. 2012/257), regs. 1(1), 17(13)
Commencement Information
I1S. 43 in operation at 1.7.2012 by S.R. 2012/262, art. 2 (with arts. 4-6)