PART V

Miscellaneous and Supplementary

Supplementary provisions as to licences etc.

Death, bankruptcy etc. of licence holder.
57
1
A PSV operator’s licence ... is not assignable or, subject to the following provisions of this section, transmissible on death or in any other way.
2
A PSV operator’s licence ... held by an individual terminates if he—
a
dies, or
b
is made bankrupt or has a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him, or, in Scotland, has his estate sequestrated, or
c
becomes a person who lacks capacity (within the meaning of the Mental Capacity Act 2005) to use a vehicle under the licence, or, in Scotland, becomes incapable of managing his own affairs.
3
In relation to a PSV operator’s licence ... held by an individual or by a company, regulations may specify other events relating to the licence-holder on the occurrence of which the licence is to terminate.
4
A traffic commissioner may—
a
direct that the termination of a PSV operator’s licence by subsection (2) above, or under subsection (3) above, be deferred for a period not exceeding twelve months or, if it appears to the commissioner that there are special circumstances, eighteen months, and
b
authorise the business of the licence-holder to be carried on under the licence by some other person during the period of deferment, subject to such conditions as the commissioner may impose.
5
In the case of a standard licence, subsection (4)(a) is subject to Article 13.1 of the
2009 Regulation
(time limits for rectification).
S. 57 extended (E.W.) by Transport Act 1985 (c. 67, SIF 126), s. 44(2)
S. 57 applied (3.7.2000) by 1999 c. 29, s. 194(1)(2)(a), (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3
Words repealed by Transport Act 1985 (c. 67, SIF 126), ss. 1(3), 139(3), Sch. 1 para. 9, Sch. 8
S. 57(2) amended by S.I. 1986/1628, reg. 5(1), Sch.
Word substituted by Transport Act 1985 (c. 67, SIF 126), s. 3(5), Sch. 2 Pt. II para. 4(17)
Words in s. 57(2)(c) substituted (1.10.2007) by Mental Capacity Act 2005 (c. 9), s. 68(1), Sch. 6 para. 26 (with ss. 27-29, 62); S.I. 2007/1897, art. 2(1)(d)
S. 57(5) inserted (4.12.2011) by The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 1 para. 9 (with Sch. 3 Pt. 1)
Words in s. 57(2)(b) inserted (1.10.2012) by The Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012 (S.I. 2012/2404), art. 1, Sch. 2 para. 13(3) (with art. 5)
Words in s. 57(4) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 1 (with arts. 1(3), 2, 7)
Words in s. 57(4)(a) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 1 (with arts. 1(3), 2, 7)
Word in s. 57(2)(b) substituted (6.4.2016) by The Enterprise and Regulatory Reform Act 2013 (Consequential Amendments) (Bankruptcy) and the Small Business, Enterprise and Employment Act 2015 (Consequential Amendments) Regulations 2016 (S.I. 2016/481), reg. 1, Sch. 1 para. 18
S. 57(2) modified by S.I. 1981/1628, Sch. 1 Pt. 1 (as amended (5.10.2017) by The Operation of Public Service Vehicles (Partnership) (Amendment) Regulations 2017 (S.I. 2017/873), regs. 1(1), 6(5))