[2024] UKUT 44 (AAC)
Upper Tribunal Administrative Appeals Chamber

[2024] UKUT 44 (AAC)

Fecha: 06-Sep-2021

the existing text of section 12B were renumbered subsection (1)

(a)

the existing text of section 12B were renumbered subsection (1),

(b)

in section 12B(1), in the words before paragraph (a), before “requirement of” there were inserted “first”, and

(c)

after section 12B(1) there were inserted—

“(2)

The second requirement of this section is that the applicant—

(a)

if an individual, is professionally competent (as determined in such manner as may be set out in regulations made for the purposes of section 12A(3)(a)(i)), or

(b)

if not an individual, or an individual who is not professionally competent, complies with section 12A(3)(b) as if the applicant were an applicant for a standard licence who is not an individual or is an individual who is not professionally competent.”

23.— Revocation, suspension and curtailment of operators' licences

(1)

Subject to the following provisions of this section and the provisions of section 26, the Department may direct that an operator's licence be revoked, suspended or curtailed (within the meaning given in subsection (9)) for any reasonable cause including any of the following—

(a)

in the case of a heavy goods vehicle licence, that a place has, at a time when it was not specified in the licence as an operating centre of the licence-holder, been used as an operating centre for heavy goods vehicles authorised to be used under the licence;

(b)

that the licence-holder has contravened any condition attached to the licence;

(c)

that during the 5 years ending with the date on which the direction is given there has occurred a prescribed event affecting information required to be given to the Department under section 7 or 8;

(d)

that the licence-holder made, or procured to be made, for the purposes of—

(i)

the licence-holder's application for the licence,

(ii)

an application for the variation of the licence, or

(iii)

a request for a direction under paragraph 1 or 3 of Schedule 1, a statement of fact that, whether to the licence-holder's knowledge or not, was false, or a statement of expectation that has not been fulfilled;