[2025] UKUT 021 (AAC)

noted that, per a letter from the Office of the TC (“OTC”) of 24 November 2023, the appellant had been given until 8 December 2023 to complete its applications nominating Thomas Bell and James Christian Shilling as transport managers, or to nominate an alternative transport manager; and told that this was the final deadline for the appellant to restore its professional competence;

noted that the appellant’s response dated 6 December 2023 included the required information in support of Mr Shilling’s application, but not in support of Mr Bell’s, suggesting that the appellant was not pursuing the latter application;

stated that the appellant’s application to nominate Mr Shilling as transport manager had been refused owing to his disqualification as a transport manager with effect from 15 January 2024;

stated that, in light of the above, the TC was not satisfied that the appellant met the requirements of Schedule 3; the extended period of grace had expired; as a result, the TC had revoked the appellant’s operator’s licence with effect from 9 January 2024 pursuant to s27(1) on the grounds that it appeared to the TC that the appellant no longer satisfied one or more of the requirements of s13A. The letter cited the first and second requirements in s13A (s13A(2) and (3)), which include a requirement of good repute (s13A(2)(b)) and a requirement that the appellant designate a suitable number of individuals (each, a “transport manager”) who satisfy the requirements in paragraph 14A(1) and (3) of Schedule 3 (s13A(3)(b)). (In this decision, for convenience, we shall refer to such transport managers as “Schedule 3 compliant transport managers”).