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Goods Vehicles (Licensing of Operators) Act 1995
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Goods Vehicles (Licensing of Operators) Act 1995, Section 49 is up to date with all changes known to be in force on or before 30 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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- s. 5(6)(6A) substituted for s. 5(6) by 2000 c. 38 s. 263
49 Certificates of qualification.E+W+S
(1)On an application made to him by a person wishing to engage in [F1an] undertaking [F2established] in a member State [F3that involves the use of goods vehicles], the appropriate person shall issue to the applicant a certificate (a “certificate of qualification”) as to such matters relating to—
(a)the applicant’s repute,
(b)his professional competence, or
(c)(where relevant) his financial standing,
as the appropriate person is satisfied he may properly certify and as appear to him to be of assistance to the applicant in satisfying any requirements imposed by the law of the F4... member State as regards the repute, professional competence and financial standing of persons engaged in [F5such an undertaking established] in that member State.
(2)A certificate of qualification shall—
(a)be in such form as the Secretary of State for Transport may specify; F6...
F6(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)No certificate of qualification shall be issued before a fee of £20 has been paid.
(4)The applicant shall give to the appropriate person such information as that person may reasonably require for the discharge of his duties in relation to the application.
(5)In this section “the appropriate person”—
[F7(a)in relation to an applicant who holds an operator’s licence, means a traffic commissioner, and
(b)in relation to an applicant who does not hold an operator’s licence, means the Secretary of State,]
F8...
(6)All fees payable under this section shall be paid into the Consolidated Fund.
Textual Amendments
F1Word in s. 49(1) substituted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 50(1)(a)(i)
F2Word in s. 49(1) inserted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 50(1)(a)(ii)
F3Words in s. 49(1) substituted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 50(1)(a)(iii)
F4Word in s. 49(1) omitted (17.3.2022) by virtue of The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 50(1)(b)(i)
F5Words in s. 49(1) substituted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 50(1)(b)(ii)
F6S. 49(2)(b) and preceding word omitted (17.3.2022) by virtue of The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 50(2)
F7S. 49(5)(a)(b) substituted for s. 49(5)(a)-(c) (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)
F8Words in s. 49(5) omitted (17.3.2022) by virtue of The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 50(3)
Modifications etc. (not altering text)
C1S. 49(2): Functions transferred (26.1.1998) by S.I. 1997/2971, art. 3(3)(a)
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