Goods Vehicles (Licensing of Operators) Act 1995
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Change 1
43 Evidence by certificate.
(1) In any proceedings for an offence under this Act a certificate such as is mentioned in subsection (2) shall be evidence, and in Scotland sufficient evidence, of the facts stated in it. (2) The certificate referred to in subsection (1) is a certificate signed by or on behalf of a traffic commissioner which states— (a) that, on any date, a person was or was not the holder of an operator’s licence issued by a traffic commissioner ; (b) that, by virtue of a direction given by a traffic commissioner under regulations made under section 48(2)(b) or (3), a person is to be treated as having been the holder of an operator’s licence on any date; (c) the date of the coming into force of any operator’s licence issued by a traffic commissioner ; (d) the date on which any operator’s licence issued by a traffic commissioner ceased to be in force; (e) the terms and conditions of any operator’s licence issued by a traffic commissioner ; (f) that a person is by virtue of an order of a traffic commissioner disqualified from holding or obtaining an operator’s licence, either indefinitely or for a specified period; (g) that a direction, having effect indefinitely or for a specified period, has been given by a traffic commissioner under section 28(4) in relation to any person; (h) that an operator’s licence was on any date or during any specified period suspended by virtue of a direction given by a traffic commissioner under section 26(1); or (ha) that a person is by virtue of an order of a traffic commissioner disqualified from acting as a transport manager, either indefinitely or for a specified period (see paragraph 16 of Schedule 3); (i) that, by virtue of a direction given by a traffic commissioner under regulations made under section 48(2)(a), an operator’s licence is to be treated as having been suspended on any date or during any specified period. (3) Any such certificate which purports to be signed by or on behalf of a traffic commissioner shall be taken to be so signed unless the contrary is proved.
43 Evidence by certificate.
(1) In any proceedings for an offence under this Act a certificate such as is mentioned in subsection (2) shall be evidence, and in Scotland sufficient evidence, of the facts stated in it. (2) The certificate referred to in subsection (1) is a certificate signed by or on behalf of a traffic commissioner which states— (a) that, on any date, a person was or was not the holder of an operator’s licence issued by a traffic commissioner ; (b) that, by virtue of a direction given by a traffic commissioner under regulations made under section 48(2)(b) or (3), a person is to be treated as having been the holder of an operator’s licence on any date; (c) the date of the coming into force of any operator’s licence issued by a traffic commissioner ; (d) the date on which any operator’s licence issued by a traffic commissioner ceased to be in force; (e) the terms and conditions of any operator’s licence issued by a traffic commissioner ; (f) that a person is by virtue of an order of a traffic commissioner disqualified from holding or obtaining an operator’s licence, either indefinitely or for a specified period; (g) that a direction, having effect indefinitely or for a specified period, has been given by a traffic commissioner under section 28(4) in relation to any person; (h) that an operator’s licence was on any date or during any specified period suspended by virtue of a direction given by a traffic commissioner under section 26(1); or (ha) that a person is by virtue of an order of a traffic commissioner disqualified from acting as a transport manager, either indefinitely or for a specified period (see paragraph 16 of Schedule 3); (i) that, by virtue of a direction given by a traffic commissioner under regulations made under section 48(2)(a), an operator’s licence is to be treated as having been suspended on any date or during any specified period. (3) Any such certificate which purports to be signed by or on behalf of a traffic commissioner shall be taken to be so signed unless the contrary is proved.
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