4.— (1) In determining whether an operator has satisfied or continues to satisfy the requirement of good repute the Minister may consider whether or not—

(a) the operator,

(b) a person who holds a specified position,

(c) a shadow operator, or

(d) in the case of a road passenger transport operator, a driver with that operator,

has been convicted of an offence specified in section 2 (1).

(2) Where a person to whom subsection (1) relates has been convicted of an offence referred to in that subsection the Minister shall consider—

(a) the nature of the offence,

(b) whether the conviction is one of a number of convictions for the same or different offences,

(c) any penalty or sentence suffered on foot of the conviction,

(d) any disqualification or forfeiture imposed on foot of the conviction, and

(e) whether or not the offence was committed in the course of, or connected with, a road transport business,

and where the Minister determines that it would not be a disproportionate response, the Minister may determine that the requirement of good repute is no longer satisfied and may, where the operator is—

(i) an applicant for an operator’s licence, refuse the application, or

(ii) the holder of an operator’s licence, withdraw or suspend the operator’s licence.