“road transport undertaking” means an undertaking which involves the use of goods vehicles—
(a) under an operator’s licence, or
(b) in accordance with the law of Northern Ireland or the law of any member State other than the United Kingdom;
“standard licence” has the meaning given in section 3(2);
“statutory provision” means a provision contained in an Act or in subordinate legislation within the meaning of the [1978 c. 30.] Interpretation Act 1978;
“traffic area” means a traffic area constituted for the purposes of the [1981 c. 14.] Public Passenger Vehicles Act 1981;
“transport manager”, in relation to a business, means an individual who is in, or who is engaged to enter into, the employment of the holder of a standard licence and who, either alone or jointly with one or more other persons, has continuous and effective responsibility for the management of the transport operations of the business in so far as they relate to the carriage of goods;
“vehicle combination” means a combination of goods vehicles made up of one or more motor vehicles and one or more trailers all of which are linked together when travelling.
(2) For the purposes of this Act, the driver of a vehicle, if it belongs to him or is in his possession under an agreement for hire, hire-purchase or loan, and in any other case the person whose servant or agent the driver is, shall be deemed to be the person using the vehicle; and references to using a vehicle shall be construed accordingly.
(3) In this Act references to vehicles being authorised to be used under an operator’s licence are to be read in accordance with section 5.
(4) For the purposes of this Act, a person who is an applicant for, or a holder of, a standard licence, or who is a transport manager, shall be regarded as being engaged in a road transport undertaking if—
(a) in a case where that person is an individual, he is either—
(i) the holder, or one of the joint holders, of an operator’s licence, or
(ii) in the employment of a person who carries on a road transport undertaking and that undertaking gives him responsibility for the operation of goods vehicles used under an operator’s licence; or
(b) in a case where that person is a company, either—
(i) the company is the holder of an operator’s licence, or
(ii) the company is a subsidiary of the holder of an operator’s licence and goods vehicles used under that licence belong to the company or are in its possession.
(5) Anything required or authorised by this Act to be done by or to a traffic commissioner by whom a licence was issued may be done by or to any person for the time being acting as traffic commissioner for the area for which the first-mentioned commissioner was acting at the time of the issuing of the licence.
(1) The transitional provisions and transitory modifications of this Act contained in Schedule 6 shall have effect.
(2) Without prejudice to the generality of paragraphs 2 to 4 of that Schedule, an existing licence shall continue in force as if it had been issued under this Act, and in this Act or any other enactment, instrument or document, any reference to, or including a reference to, an operator’s licence issued under this Act shall, so far as the nature of the reference permits, be construed as including a reference to an existing licence.
(3) In subsection (2) “existing licence” means any operator’s licence within the meaning of Part V of the [1968 c. 73.] Transport Act 1968 which was in force immediately before the commencement of this Act.
(1) The enactments mentioned in Schedule 7 shall have effect subject to the amendments there specified (being amendments consequential upon the provisions of this Act).
(2) The enactments and instruments specified in Schedule 8 are repealed or revoked to the extent specified in the third column of that Schedule.
(1) Subject to section 50(2) (which makes provision in relation to the commencement of section 50 and Schedule 5) this Act shall come into force on such day as the Secretary of State may by order appoint.
(2) An order under subsection (1) may contain such transitional provisions and savings as appear to the Secretary of State to be necessary or expedient in connection with the coming into force of any provision of this Act which reproduces the effect of any provision of the [1994 c. 40.] Deregulation and Contracting Out Act 1994 which was not brought into force before the appointed day.
(3) Where any provision of the Deregulation and Contracting Out Act 1994 was brought into force before the appointed day by an order containing transitional provisions or savings in connection with the coming into force of that provision, an order under subsection (1) may contain corresponding transitional provisions or savings in connection with the coming into force of any provision of this Act which reproduces the effect of that provision of that Act.
(4) In subsections (2) and (3) “the appointed day” means the day appointed under subsection (1).
(1) This Act may be cited as the Goods Vehicles (Licensing of Operators) Act 1995.
(2) The amendments specified in Schedule 7 and the repeals and revocations specified in Schedule 8 have the same extent as the enactments and instruments to which they relate.
(3) Subject to subsection (2), this Act does not extend to Northern Ireland.