Upper Tribunal Administrative Appeals Chamber

[2024] UKUT 44 (AAC)

Fecha: 06-Sep-2021

that any undertaking recorded in the licence has not been fulfilled

(e)

that any undertaking recorded in the licence has not been fulfilled;

(f)

that the licence-holder, being an individual, has been adjudged bankrupt or has become the subject of a bankruptcy restrictions order or a debt relief order has been made in respect of him or he has become the subject of a debt relief restrictions order or, being a company, has gone into liquidation, other than voluntary liquidation for the purposes of reconstruction;

(g)

that since the licence was issued or varied there has been a material change in any of the circumstances of the licence-holder that were relevant to the issue or variation or the licence;

(h)

that the licence is liable to revocation, suspension or curtailment by virtue of a direction under section 25(3).

24.— Revocation of standard licences

(1)

The Department shall direct that a standard licence be revoked if at any time it appears to the Department that

(a)

the licence-holder no longer satisfies one or more of the requirements of section 12A, or

(b)

a transport manager for the licence-holder ceases to satisfy such requirements as may be set out in regulations made for the purposes of section 12A(3)(a)(ii) or (b).

17.

Regulations 5 to 7 of the Goods Vehicles (Qualifications of Operators) Regulations (Northern Ireland) 2012, as amended, provide:

‘Determination of good repute

5.—(1) In determining whether an individual is of good repute under section 12A(2)(b) of the 2010 Act or regulation 13A(1)(b), the Department may have regard to any matter but shall, in particular, have regard to—

(a)

any convictions or penalties incurred by the individual or any other relevant person; and

(b)

any other information in its possession which appears to the Department to relate to the individual's fitness to hold a licence.

(2)

In determining whether a company is of good repute under section 12A(2)(b) of the 2010 Act, the Department shall have regard to all the material evidence including, in particular—

(a)

any convictions or penalties incurred by the company, company employees or any other relevant person; and

(b)

any other information in its possession as to the previous conduct of the company or any other relevant person if that conduct appears to the Department to relate to the company's fitness to hold a licence.

(3)

For the purposes of these Regulations, any convictions or penalties incurred by any person include —

(a)

any conviction or penalty incurred by that person of an offence under the law of any part of the United Kingdom or any corresponding offence under the law of any country or territory outside the United Kingdom;

(b)

any conviction of that person of a serious offence within the meaning given in regulation 7; and

(c)

any conviction of that person of a road transport offence within the meaning given in regulation 8.

Determination that an individual is not of good repute

Without prejudice to the generality of the Department's power under regulation 5 to determine that a person is not of good repute, the Department shall determine that an individual is not of good repute if that individual has—

(a)

been convicted of a serious offence; or

(b)

been convicted of road transport offences.

Serious Offences

7.—(1) A person has a conviction of a “serious offence” if—

(a)

that person has been convicted of any offence under the law of any part of the United Kingdom or under the law of a country or territory outside the United Kingdom; and

(b)

on such conviction there was imposed on that person for that offence a punishment falling within paragraph (2).

(2)

The punishments are—

(a)

a sentence of imprisonment for a term exceeding three months;

(b)

a fine exceeding level 4 on the standard scale;

(c)

a community service order or community payback order requiring a person to perform work for more than 60 hours; and

(d)

in the case of an offence committed under the law of a country or territory outside the United Kingdom, any punishment corresponding to those mentioned in sub-paragraphs (a) to (c).

(3)

In paragraph (2) —

(a)

the reference to a sentence of imprisonment includes a reference to any form of custodial sentence or order, other than one imposed under the enactments relating to mental health;

(b)

“community service order” means an order under Article 13 of the Criminal Justice (Northern Ireland) Order 1996 M1; and

(c)

“community payback order” means an order under section 227A of the Criminal Procedure (Scotland) Act 1995

Road Transport offences