Office of Public Sector Information
CHAPTER II continued
After section 87 of the [1989 c. 41.] Children Act 1989 there shall be inserted—
(1) The Secretary of State may appoint a person to be an inspector for the purposes of this section if—
(a) that person already acts as an inspector for other purposes in relation to independent schools to which section 87(1) applies, and
(b) the Secretary of State is satisfied that the person is an appropriate person to determine whether the welfare of children provided with accommodation by such schools is adequately safeguarded and promoted while they are accommodated by them.
(2) Where—
(a) the proprietor of an independent school to which section 87(1) applies enters into an agreement in writing with a person appointed under subsection (1),
(b) the agreement provides for the person so appointed to have in relation to the school the function of determining whether section 87(1) is being complied with, and
(c) the local authority in whose area the school is situated receive from the person with whom the proprietor of the school has entered into the agreement notice in writing that the agreement has come into effect,
the authority’s duty under section 87(3) in relation to the school shall be suspended.
(3) Where a local authority’s duty under section 87(3) in relation to any school is suspended under this section, it shall cease to be so suspended if the authority receive—
(a) a notice under subsection (4) relating to the person with whom the proprietor of the school entered into the relevant agreement, or
(b) a notice under subsection (5) relating to that agreement.
(4) The Secretary of State shall terminate a person’s appointment under subsection (1) if—
(a) that person so requests, or
(b) the Secretary of State ceases, in relation to that person, to be satisfied that he is such a person as is mentioned in paragraph (b) of that subsection,
and shall give notice of the termination of that person’s appointment to every local authority.
(5) Where—
(a) a local authority’s duty under section 87(3) in relation to any school is suspended under this section, and
(b) the relevant agreement ceases to have effect,
the person with whom the proprietor of the school entered into that agreement shall give to the authority notice in writing of the fact that it has ceased to have effect.
(6) In this section—
(a) “proprietor” has the same meaning as in the [1944 c. 31.] Education Act 1944, and
(b) references to the relevant agreement, in relation to the suspension of a local authority’s duty under section 87(3) as regards any school, are to the agreement by virtue of which the authority’s duty under that provision as regards that school is suspended.
(1) The Secretary of State may impose on a person appointed under section 87A(1) (“an authorised inspector”) such requirements relating to, or in connection with, the carrying out under substitution agreements of the function mentioned in section 87A(2)(b) as the Secretary of State thinks fit.
(2) Where, in the course of carrying out under a substitution agreement the function mentioned in section 87A(2)(b), it appears to an authorised inspector that there has been a failure to comply with section 87(1) in the case of a child provided with accommodation by the school to which the agreement relates, the inspector shall give notice of that fact to the Secretary of State.
(3) Where, in the course of carrying out under a substitution agreement the function mentioned in section 87A(2)(b), it appears to an authorised inspector that a child provided with accommodation by the school to which the agreement relates is suffering, or is likely to suffer, significant harm, the inspector shall—
(a) give notice of that fact to the local authority in whose area the school is situated, and
(b) where the inspector is required to make inspection reports to the Secretary of State, supply that local authority with a copy of the latest inspection report to have been made by the inspector to the Secretary of State in relation to the school.
(4) In this section—
(a) “proprietor” has the same meaning as in the [1944 c. 31.] Education Act 1944, and
(b) references to substitution agreement are to an agreement between an authorised inspector and the proprietor of an independent school by virtue of which the local authority’s duty in relation to the school under section 87(3) is suspended.”
Schedule 11 to this Act (which contains amendments consequential on certain provisions of this Chapter) shall have effect.
(1) The following provisions of this Chapter extend to England and Wales only—
sections 18(1), 19, 20(3), 21, 25 to 30, 32, 34 and 38,
paragraphs 8 to 10 of Schedule 2,
Schedules 7 and 8, and
paragraph 2 of Schedule 9.
(2) Sections 18(2), 22 and 24(b) and paragraph 3 of Schedule 9 extend to Scotland only.
(3) The following provisions of this Chapter extend to Northern Ireland only—
sections 13(2) and 36(2),
paragraphs 5, 6(2) and 7(2) of Schedule 2,
Schedule 6, and
paragraphs 2 and 5 of Schedule 10.
(4) The following provisions of this Chapter also extend to Northern Ireland—
sections 7 to 12,
sections 15 to 17,
sections 35, 37 and 39,
this section,
paragraphs 1 to 3 and 15 of Schedule 2,
Schedule 3,
paragraphs 1 and 5 to 8 of Schedule 4, and
paragraph 3 of Schedule 10.
(5) The extent of any amendment of an enactment in paragraph 2 or 3 of Schedule 4 to this Act or Schedule 11 to this Act is the same as that of the enactment amended.
(6) Subject to subsections (3) to (5) above, this Chapter does not extend to Northern Ireland.
In this Chapter “the 1968 Act” means the [1968 c. 73.] Transport Act 1968.
(1) In section 61 of the 1968 Act (authorised vehicles) for subsection (1) there shall be substituted—
“(1) Subject to the following provisions of this section, the vehicles authorised to be used under an operator’s licence are—
(a) any motor vehicle in the lawful possession of the licence-holder that is specified in the licence;
(b) any trailer in the lawful possession of the licence-holder; and
(c) any motor vehicle in the lawful possession of the licence-holder that is not specified in the licence.
(1A) An operator’s licence may provide that—
(a) no motor vehicle the relevant weight of which exceeds a weight specified in the licence is authorised to be used under it;
(b) no trailer the relevant weight of which exceeds a weight specified in the licence is authorised to be used under it;
(c) no trailers are authorised to be used under it;
(d) no vehicles are authorised to be used under it by virtue of subsection (1)(c) of this section.
(1B) In subsection (1A) of this section “relevant weight”, in relation to a motor vehicle or trailer of any prescribed class, means a weight of the description specified in relation to motor vehicles or trailers of that class by regulations.”
(2) For subsections (3) and (4) of that section there shall be substituted—
“(3) A vehicle is not authorised to be used under an operator’s licence by virtue of subsection (1)(c) of this section after the period of one month beginning with—
(a) the day on which the vehicle was first in the lawful possession of the licence-holder; or
(b) if later, the day on which the licence came into force,
unless during that period the licence-holder has given to the licensing authority by whom the licence was granted a notice, in such form and containing such information about the vehicle as the authority may require, and has paid a prescribed fee to the authority.
(4) Where notice of a vehicle has been duly given and the prescribed fee has been duly paid under subsection (3) of this section, the licensing authority shall vary the licence by directing that the vehicle be specified in it.”
(3) After that section there shall be inserted—
(1) An operator’s licence—
(a) shall specify a maximum number for motor vehicles; and
(b) may specify a maximum number for motor vehicles the relevant weight of which exceeds a weight specified in the licence.
(2) An operator’s licence that does not contain a provision such as is mentioned in section 61(1A)(c) of this Act—
(a) shall specify a maximum number for trailers; and
(b) may specify a maximum number for trailers the relevant weight of which exceeds a weight specified in the licence.
(3) The number of vehicles being used under an operator’s licence by virtue of section 61(1)(c) of this Act at any one time may not exceed the maximum number specified in the licence under subsection (1)(a) of this section, less however many motor vehicles are specified in the licence.
(4) Where under subsection (1)(b) of this section an operator’s licence specifies a maximum number for motor vehicles the relevant weight of which exceeds a specified weight—
(a) the number of such vehicles being used under the licence by virtue of section 61(1)(c) of this Act at any one time may not exceed that maximum number, less however many motor vehicles the relevant weight of which exceeds the specified weight are specified in the licence; and
(b) the number of such vehicles that are specified in the licence and being used under it at any one time may not exceed that maximum number.
(5) The number of trailers being used under an operator’s licence at any one time may not exceed the maximum number specified in the licence under subsection (2)(a) of this section.
(6) Where under subsection (2)(b) of this section an operator’s licence specifies a maximum number for trailers the relevant weight of which exceeds a specified weight, the number of such trailers being used under the licence at any one time may not exceed that maximum number.
(7) The definition of “relevant weight” in section 61(1B) of this Act applies for the purposes of this section as it applies for the purposes of section 61(1A).
(8) If subsection (3), (4)(a) or (b), (5) or (6) of this section is contravened, the licence-holder shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.”
After section 63(4) of the 1968 Act (which requires objections to the grant or variation of operators' licences to be made within the prescribed time and in the prescribed manner) there shall be inserted—
“(4A) Where the licensing authority considers there to be exceptional circumstances that justify his doing so, he may direct that an objection be treated for the purposes of this Part of this Act as duly made under this section, notwithstanding that it was not made within the prescribed time or in the prescribed manner.”
(1) For section 64 of the 1968 Act there shall be substituted—
(1) Subject to sections 69E and 89(2) of this Act, on an application for an operator’s licence the licensing authority shall consider—
(a) whether the requirements of subsections (2) and (3) of this section are satisfied; and
(b) if he thinks fit, whether the requirements of subsection (4) of this section are satisfied.
(2) The applicant must not by reason—
(a) of any activities or convictions of which particulars may be required to be given under section 62(4)(d) or (e) of this Act; or
(b) of any conviction required to be notified in accordance with section 62(4A) of this Act,
be unfit to hold an operator’s licence.
(3) It must be possible (taking into account the licensing authority’s powers under section 64A(3) of this Act) to issue a licence on the application in relation to which paragraphs (a) to (d) of this subsection will apply—
(a) there are satisfactory arrangements for securing that Part VI of this Act is complied with in the case of the vehicles used under the licence and for securing that those vehicles are not overloaded;
(b) there are satisfactory facilities and arrangements for maintaining the vehicles used under the licence in a fit and serviceable condition;
(c) at least one place in the licensing authority’s area is specified in the licence as an operating centre of the licence-holder and each place so specified is available and suitable for use as such an operating centre (disregarding any respect in which it may be unsuitable on environmental grounds);
(d) the capacity of the place so specified (if there is only one) or of both or all the places so specified taken together (if there are more than one) is sufficient to provide an operating centre for all the vehicles used under the licence.
(4) The provision of such facilities and arrangements as are mentioned in subsection (3)(b) of this section must not be prejudiced by reason of the applicant’s having insufficient financial resources for that purpose.
(5) In considering whether any of the requirements of subsections (2) to (4) of this section are satisfied, the licensing authority shall have regard to any objection duly made under section 63 of this Act in respect of the application.
(6) In considering whether the requirements of subsection (3) of this section are satisfied, the licensing authority may take into account any undertakings given by the applicant (or procured by him to be given) for the purposes of the application, and may assume that those undertakings will be fulfilled.
(7) In considering whether subsection (3)(c) of this section will apply in relation to a licence, the licensing authority may take into account any conditions that under section 64B of this Act could be attached to the licence, and may assume that any conditions so attached will not be contravened.
(8) In considering whether subsection (3)(c) or (d) of this section will apply in relation to a licence, the licensing authority may take into account (if such be the case) that any proposed operating centre of the applicant would be used—
(a) as an operating centre of the holders of other operators' licences as well as of the applicant; or
(b) by the applicant or by other persons for purposes other than keeping vehicles used under the licence.
(9) If the licensing authority determines that any of the requirements that he has taken into consideration in accordance with subsection (1) of this section are not satisfied, he shall refuse the application, but in any other case he shall, subject to sections 69B and 89(2) of this Act, grant the application.
(1) Subject to subsection (2) of this section and to sections 64B, 66, 69B, 69C and 89(2) of this Act, on granting an application for an operator’s licence, the licensing authority shall issue that licence in the terms applied for.
(2) If the authority has determined that any of the requirements of section 64(3) or (4) of this Act that he has taken into consideration in accordance with section 64(1) of this Act would not be satisfied unless he exercised any of his powers under subsection (3) of this section, he shall exercise those powers accordingly.
(3) The authority may issue the licence in terms that differ from the terms applied for in any of the following respects—
(a) more or fewer motor vehicles are specified in the licence;
(b) different motor vehicles are specified in it;
(c) it includes a provision such as is mentioned in section 61(1A) of this Act;
(d) it includes a provision such as is mentioned in section 61A(1)(b) or (2)(b) of this Act;
(e) higher or lower maximum numbers are specified in it under section 61A of this Act;
(f) fewer places are specified in it as operating centres of the licence-holder.
(4) Any undertakings taken into account by the authority under section 64(6) of this Act that he considers to be material to the granting of the application shall be recorded in the licence issued.”
(2) In section 69B of the 1968 Act (objection to, and refusal or modification of, applications for operators' licences on environmental grounds) for subsection (5) there shall be substituted—
“(5) The licensing authority may not refuse an application for an operator’s licence on the ground that any place would be unsuitable as mentioned in subsection (4) of this section if—
(a) on the date the application was made, that place was already specified in an operator’s licence granted by the authority as an operating centre of the holder of that licence; or
(b) the applicant has produced to the authority a certificate in force in respect of that place under section 191 or 192 of the [1990 c. 8.] Town and Country Planning Act 1990 or section 90 or 90A of the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972, stating that its use as an operating centre for vehicles used under any operator’s licence is or would be lawful.
(5A) Subsection (5) of this section does not apply in relation to any place that, at the time the application is determined by the licensing authority, is specified in an operator’s licence as an operating centre of the holder of that licence.
(5B) In paragraph (a) of subsection (5) of this section “operator’s licence” does not include a licence granted under section 67A of this Act, and the reference in that paragraph to a place being specified in an operator’s licence does not include a place being so specified—
(a) by virtue of an interim direction such as is mentioned in section 68A of this Act;
(b) if such conditions as may be prescribed in relation to the exercise of the right of any person to appeal against that place being so specified are not satisfied;
(c) if such conditions as may be prescribed in relation to the review under section 69J of this Act of the decision so to specify that place are not satisfied; or
(d) by reason of being situated within a place that is so specified.”
After section 64A of the 1968 Act (set out in section 44 above) there shall be inserted—
(1) A licensing authority, on granting an operator’s licence or on varying such a licence under section 68 of this Act, may attach to it such conditions as he thinks fit for preventing vehicles that are authorised to be used under the licence from causing danger to the public—
(a) at any point where vehicles first join a public road on their way from an operating centre of the licence-holder (or last leave a public road on their way to such an operating centre); and
(b) on any road (other than a public road) along which vehicles are driven between such a point and the operating centre.
(2) On varying an operator’s licence under section 68 of this Act, the licensing authority may vary or remove any condition attached to the licence under this section.
(3) The licensing authority shall not—
(a) attach to an operator’s licence any condition such as is mentioned in this section; or
(b) vary in such manner as imposes new or further restrictions or requirements any condition attached to an operator’s licence under this section,
without first giving the applicant for the licence or (as the case may be) the licence-holder an opportunity of making representations to the authority with respect to the effect on his business of the proposed condition or variation.
(4) The licensing authority shall give special consideration to any representations made under subsection (3) of this section in determining whether to attach the proposed condition or make the proposed variation.
(5) In this section as it applies in relation to England and Wales, “public road” means a highway maintainable at the public expense for the purposes of the [1980 c. 66.] Highways Act 1980.
(6) Any person who contravenes any condition attached under this section to a licence of which he is the holder shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.”
For section 67 of the 1968 Act there shall be substituted—
(1) The date on which an operator’s licence is to come into force shall be specified in the licence.
(2) Subject to its revocation or other termination under any provision of this Act or another statutory provision, an operator’s licence (other than one granted under section 67A of this Act) shall continue in force indefinitely.
(3) If the holder of an operator’s licence requests the licensing authority by whom it was granted to terminate it at any time, the authority shall, subject to subsection (4) of this section, comply with the request.
The licensing authority may refuse to comply with the request if he is considering giving a direction in respect of the licence under section 69(1) of this Act or revoking the licence under Regulation 9(1) of the [S.I. 1984.176.] Goods Vehicles (Operators' Licences, Qualifications and Fees) Regulations 1984.
An operator’s licence held by an individual terminates if he dies or becomes a patient within the meaning of Part VII of the [1983 c. 20.] Mental Health Act 1983.
(1) Where on any application for an operator’s licence (a “full” licence) the applicant so requests, the licensing authority may grant to him an interim licence.
(2) An interim licence is an operator’s licence that (subject to its revocation or other termination under any provision of this Act or another statutory provision) will continue in force until it terminates under subsection (3), (4) or (5) of this section.
(3) If the licensing authority grants the application and issues to the applicant a full licence—
(a) that is in the terms applied for; or
(b) that is in those terms, subject only to the attachment under section 64B, 66 or 69C of this Act of any conditions that are also attached to the interim licence,
the interim licence shall terminate on the date on which the full licence comes into force.
(4) If, on an appeal arising out of the application, the Transport Tribunal orders the licensing authority to issue a full licence to the applicant, the interim licence shall terminate—
(a) on the date on which the full licence issued in pursuance of the order comes into force; or
(b) at the time at which the application is withdrawn or treated as withdrawn under section 89(3) of this Act.
(5) If neither subsection (3) nor subsection (4) of this section applies, the interim licence shall terminate on the date on which the application is finally disposed of or such earlier date as the applicant may specify in a written request to the licensing authority.
(6) In a case within subsection (5) of this section where the application is granted, the full licence issued to the applicant shall (notwithstanding any statement in it to the contrary) be of no effect before the interim licence terminates.
(7) A request for the grant of an interim licence shall not for the purposes of section 63, 64, 64A, 69B, 69E, 69J or 70 of, or Schedule 8A to, this Act be treated as an application for an operator’s licence, but shall be treated as such an application for any other purposes of this Part of this Act.
(8) The licensing authority may issue an interim licence in the same terms as those applied for in relation to the full licence or in terms that differ from those terms in any of the respects mentioned in section 64A(3) of this Act.”
(1) For section 68 of the 1968 Act there shall be substituted—
(1) Subject to section 69E of this Act, on the application of the holder of an operator’s licence, the licensing authority by whom the licence was granted may vary the licence by directing—
(a) that additional motor vehicles be specified in the licence or that any maximum number specified in it under section 61A of this Act be increased;
(b) that any vehicle cease to be specified in the licence or that any maximum number specified in it under section 61A of this Act be reduced;
(c) that any provision in the licence such as is mentioned in section 61(1A) of this Act cease to have effect;
(d) that a provision such as is mentioned in section 61(1A) of this Act be included in the licence;
(e) that any provision in the licence such as is mentioned in section 61A(1)(b) or (2)(b) of this Act cease to have effect;
(f) that a provision such as is mentioned in section 61A(1)(b) or (2)(b) of this Act be included in the licence;
(g) that a new place in the licensing authority’s area be specified in the licence as an operating centre of the licence-holder, or that any place cease to be so specified;
(h) that any undertaking recorded in the licence be varied or removed;
(i) that any condition attached to the licence be varied or removed;
(j) in the case of a restricted licence, that it be converted into a standard licence or, in the case of a standard licence, that it be converted into a restricted licence;
(k) in the case of a standard licence, that it cover both international and national transport operations instead of national transport operations only, or vice versa.
In subsection (1) of this section “restricted licence” and “standard licence” mean the same as in the [S.I. 1984/176.] Goods Vehicles (Operators' Licences, Qualifications and Fees) Regulations 1984.
(3) A person applying for the variation of an operator’s licence under this section shall give to the licensing authority, in such form as he may require, such information as he may reasonably require for disposing of the application.
(4) Except in the cases mentioned in subsection (5) of this section, the licensing authority shall publish notice of any application for the variation of an operator’s licence under this section in the manner prescribed for the publication of notices under section 63(1) of this Act.
(5) The excepted cases are—
(a) where the application is for a direction under subsection (1)(a) of this section that additional motor vehicles be specified in a licence;
(b) where the application is for a direction under subsection (1)(b), (d) or (f) of this section;
(c) where the application is for a direction under subsection (1)(g) of this section that a place cease to be specified in a licence as an operating centre of the licence-holder;
(d) where the application is for a direction under subsection (1)(j) of this section that a standard licence be converted into a restricted licence;
(e) where the application is for a direction under subsection (1)(k) of this section that a licence cover national transport operations only instead of both international and national transport operations;
(f) where the licensing authority is satisfied that the application is of so trivial a nature that it is not necessary that an opportunity should be given for objecting to it or making representations against it.
(6) Where notice of an application is published under subsection (4) of this section, sections 63, 64 and 64A of this Act shall, with any necessary modifications and subject to section 69D of this Act, apply in relation to that application as they apply in relation to an application for an operator’s licence of which notice is published under section 63(1) of this Act.
(1) Where an applicant for the variation of an operator’s licence under section 68 of this Act so requests, the licensing authority may, before he has determined the application, vary the licence by giving an interim direction in respect of it.
(2) An interim direction is a direction under section 68(1) of this Act that is expressed to continue in force until it ceases to have effect under subsection (3) or (4) of this section.
(3) If on determining the application the licensing authority varies the licence by giving a direction in the terms applied for (and does not also under section 64B(1) or (2) or 69C(1) or (3) of this Act attach or vary any conditions), the interim direction shall cease to have effect on the date on which the direction given on the application comes into force.
(4) If subsection (3) of this section does not apply, the interim direction shall cease to have effect on the date on which the application is finally disposed of or such earlier date as the applicant may specify in a written request to the licensing authority.
(5) In a case within subsection (4) of this section where on determining the application the licensing authority gives a direction varying the licence, that direction shall be of no effect before the interim direction ceases to have effect.
Deregulation and Contracting Out Act 1994