5Transitional provisions and savings
(1) Subject to paragraph (2) below, in relation to the holder of a standard licence granted before 1st October 1999, the amendment made by regulation 3 above does not come into force until 1st October 2001.
(2) Where any condition attached to the licence is varied on or after 1st October 1999 so as to increase the maximum number of vehicles which may at any one time be so used, paragraph (1) above shall, for the purposes of aggregating capital and reserves for additional vehicles, have effect as if for the reference to 1st October 2001 there were substituted a reference to the date of the variation.
(3) The amendments made by Regulation 4 above shall not apply in relation to a certificate of professional competence—
(a) which was issued before 1st October 1999; or
(b) which was issued on or after that date to a person who before that date passed the whole or any part of the examination leading to the issue of that certificate.
(4) In relation to a certificate of professional competence which was issued before 4th February 1991, or which was issued on or after that date to a person who before that date passed the whole or any part of the examination leading to the issue of that certificate, Schedule 3 to the Act shall have effect as if for paragraph 13 there was substituted the following paragraph—
(1) An individual shall be regarded as professionally competent if, and only if—
(a) he is the holder of a certificate issued by an approved body to the effect that he possesses the requisite skills; or
(b) he is the holder of any other certificate of competence, diploma or other qualification recognised for the purposes of this sub-paragraph by the Secretary of State.
(2) In sub-paragraph (1)—
“approved body” means—
(a) a body approved by the Secretary of State for the purposes of that sub-paragraph;
(b) a body approved by the Department of the Environment for Northern Ireland for the purposes of section 46A(5)(c) of the Transport Act (Northern Ireland) 1967; or
(c) a body or authority designated by a member state other than the United Kingdom for the purposes of Article 3.4 of Council Directive No 74/561/EEC as it had effect immediately before it was amended by Council Directive No 89/438/EEC; and
“the requisite skills” means skills in the subjects listed in Part A and, in the case of a licence to cover international operations, Part B, of the Annex to Council Directive No 74/561/EEC as it had effect immediately before it was amended by Council Directive No 89/438/EEC.”
(5) Paragraph 14 of Schedule 3 to the Act (which is superseded by paragraph (4) above) shall be omitted.
Specified date: 1 October 1999: see reg 1(2).