Taxi Regulation Act 2013

13.

Representations and appeals

13. (1) Whenever the licensing authority proposes to refuse to grant a licence or to revoke or suspend a licence, it shall notify in writing the applicant or the holder, as the case may be, of the proposal and the reasons for the refusal, revocation or suspension and shall, if any representations are made by or on behalf of the applicant or holder, as the case may be, not later than 14 days or such further period as the licensing authority allows from the date of the service of the notification, consider the representations.

(2) Whenever the licensing authority, having considered the representations (if any) that may have been made to it under subsection (1) by or on behalf of the applicant or holder, decides, as the case may be, to refuse to grant the licence or to revoke or suspend the licence, the licensing authority shall notify in writing the applicant or holder of its decision and of the appeal procedure under subsection (3) and that the decision does not take effect until the expiration of the period referred to in subsection (3) in the event of an appeal not being made within that period.

(3) Where a person has been notified under subsection (2) of the decision of the licensing authority, to refuse to grant the licence or to revoke or suspend the licence, as the case may be, he or she may, not later than 28 days from the date of the service of the notification, appeal to the District Court against the refusal, revocation or the suspension, as the case may be.

(4) Where an appeal is not made within the period referred to in subsection (3), the decision takes effect upon the expiration of that period and, in the case of a licence holder, the licence stands revoked or suspended, as the case may be.

(5) Where the decision under subsection (2) is to revoke or suspend a licence and the holder of the licence has made an appeal under subsection (3) against the decision, the decision stands suspended until the appeal has been determined or withdrawn.

(6) An appeal under subsection (3) or (8) shall be to the judge of the District Court within whose jurisdiction the applicant or the holder ordinarily resides or carries on or proposes to carry on the business of providing small public service vehicle services.

(7) On the hearing of an appeal under subsection (3) in relation to the decision of the licensing authority under subsection (2), the District Court may either confirm the decision or allow the appeal. If the appeal is allowed in relation to a decision to refuse to grant a licence the licensing authority shall grant the licence.

(8) A person aggrieved by the decision of the licensing authority issuing a reprimand, warning, caution or advice under section 12(3)(b)(II) may, not later than 28 days from the date of the service of the notification of the decision, appeal to the District Court against the decision.

(9) On the hearing of an appeal under subsection (8) the District Court may confirm the decision, with or without variation, or allow the appeal.

(10) The decision of the District Court on an appeal under subsection (3) or (8) is final, except by leave of the Court an appeal on a specified point of law lies to the High Court.

(11) Where a person makes an appeal under this section he or she shall at the same time notify in writing the licensing authority of the appeal.

(12) On the commencement of this section any appeals procedure established under any regulations made under section 82 of the Act of 1961 in relation to the refusal of an application for a licence or revoking or suspending a licence is replaced by this section.

(13) The Authority may by regulations make such further provisions in relation to procedures to be followed with regard to making representations under subsections (1) and (2) as it considers necessary or expedient. Any such regulations may provide for the holding of oral hearings where the Authority is satisfied it is appropriate to do so.

(14) This section does not apply to a revocation under section 47 .

F14 [ (15) Where the Authority proposes to refuse to grant, or to revoke or suspend, a licence in respect of a small public service vehicle as a result of the vehicle not meeting a standard required of a small public service vehicle under SPSV regulations, this section does not apply in respect of the refusal, revocation or suspension, as the case may be. ]