Citation, commencement and interpretation

1. —(1) These Regulations may be cited as the Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2017 and come into force on 5th October 2017.

(2) In these Regulations “the principal Regulations” means the Goods Vehicles (Licensing of Operators) Regulations 1995( 2 ).

Amendments to the principal Regulations

2. The principal Regulations are amended as specified in regulations 3 to 10.

3. In regulation 3 (interpretation), in paragraph (2)—

(a) after the definition of “the 1995 Act” insert—

“ “the 2009 Regulation ” means Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21st October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC 3 ) ; ” ;

(b) in the definition of “company”, for “section 735 of the Companies Act 1985” substitute “section 1 of the Companies Act 2006”( 4 );

(c) omit the definitions of “visiting force”, “headquarters” and “vehicle in the service of a visiting force or a headquarters”.

4. In regulation 10 (prescribed trade unions and associations), in paragraph (2) for “The General and Municipal Workers’ Union” substitute “GMB”.

5. In regulation 22 (notification of decisions), in paragraph (1) after “Subject to paragraph (2)” insert “and Articles 6.2(a) and 15.1 of the 2009 Regulation”.

6. In regulation 29 (partnerships)—

(a) in paragraph (3)—

(i) for “section 13(3)” substitute “section 13A(2)”, and

(ii) for sub-paragraph (b) substitute—

“ (b) the firm satisfies the requirements to have an effective and stable establishment in Great Britain and to have appropriate financial standing; ” ;

(b) in paragraph (4), for “section 13(4)” substitute “section 13B” and for “section 34(a) or (b)” substitute “section 13B(a) or (b)”;

(c) in paragraph (5), for “section 13(6)” substitute “section 13D”;

(d) for paragraph (7) substitute—

“ (7) The provisions of section 27(1) shall apply in any case where the licence holder is a firm if—

(a) the firm ceases to have an effective and stable establishment in Great Britain (as determined in accordance with Article 5 of the 2009 Regulation);

(b) any partner of the firm ceases to satisfy the requirements of section 13A(2)(b) (good repute);

(c) the firm ceases to have appropriate financial standing (as determined in accordance with Article 7 of the 2009 Regulation); or

(d) neither the requirement of sub-paragraph (i) nor that of sub-paragraph (ii) of regulation 29(3)(c) (professional competence) is fulfilled. ” ;

(e) in paragraph (12), insert the word “and” after paragraph (a), omit sub-paragraphs (b) and (d) and omit the word “and” after paragraph (c).

7. In regulation 30 (holding companies and subsidiaries), in paragraph (7)(a) after “any” insert “establishment and any” and after “an” insert “establishment or”.

8. In regulation 31 (continuance of licence on death, bankruptcy etc ), after paragraph (5) insert—

“ (5A) In the case of a standard licence, paragraphs (4) and (5) are subject to Article 13.1 of the 2009 Regulation (time limits for rectification). ” .

9. In Schedule 2 (modifications in relation to holding companies and subsidiaries), in paragraph 2(e) after “any” insert “establishment and any” and after “an” insert “establishment or”.

10. In Schedule 3, Part I (classes of vehicles for which a licence is not required), in paragraph 10, at the end insert “within the meaning of article 8(9) of the Visiting Forces and International Headquarters (Application of Law) Order 1999( 5 )”.

Review

11. —(1) The Secretary of State must from time to time —

(a) carry out a review of the regulatory provision contained in these Regulations, and

(b) publish a report setting out the conclusions of the review.

(2) The first report must be published before 5th October 2022.

(3) Subsequent reports must be published at intervals not exceeding 5 years.

(4)Section 30(4) of the Small Business, Enterprise and Employment Act 2015( 6 ) requires that a report published under this regulation must, in particular —

(a) set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a),

(b) assess the extent to which those objectives are achieved,

(c) assess whether those objectives remain appropriate, and

(d) if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.

(5) In this regulation, “regulatory provision” has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act).