- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Gwreiddiol (Fel y'i Deddfwyd)
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4(1)Subject to the provisions of this paragraph, any licensing authority may direct that a transport manager's licence be revoked or suspended on the ground that the holder of the licence—
(a)has been convicted of an offence specified in regulations : or
(b)has by his act or omission contributed to the giving of a direction under section 69 of this Act in relation to an operator's licence held by him, by a person in whose employment he is, by a company of which he is a director or by a person in partnership with whom he operated the authorised vehicles ;
and during any time of suspension the transport manager's licence shall be of no effect.
(2)A licensing authority shall not give a direction under sub-paragraph (1) of this paragraph in respect of any licence unless he is satisfied that, owing to the frequency with which the holder of the licence has been guilty of offences, acts or omissions which are grounds for the giving of such a direction or to the facts of the particular case being for any other reason sufficiently serious, such a direction should be given.
(3)Where a licensing authority directs that a transport manager's licence be revoked the authority may order the person who was the holder thereof to be disqualified, indefinitely or for such period as the authority thinks fit or until he has, since the date of the order, passed the appropriate test mentioned in paragraph 2(3)(c) of this Schedule, from holding or obtaining any, or any specified class of, transport manager's licence ; and so long as the disqualification is in force—
(a)notwithstanding anything in paragraph 2 of this Schedule, no transport manager's licence or, as the case may be, no such licence of the specified class shall be granted to him and any such licence obtained by him shall be of no effect; and
(b)if he applies for or obtains such a licence he shall be liable on summary conviction to a fine not exceeding £50.
(4)A licensing authority who has made an order under sub-paragraph (3) of this paragraph may, in such circumstances as may be prescribed, cancel that order.
(5)A licensing authority shall not exercise any of his powers under sub-paragraph (1) or (3) of this paragraph in respect of any licence or the holder of any licence without first holding an inquiry, if the holder of the licence requests him to do so.
(6)A licensing authority may direct that any direction or order given or made by him under sub-paragraph (1) or (3) of this paragraph shall not take effect until the expiration of the time within which an appeal may be made to the Transport Tribunal against the direction or order and, if such an appeal is made, until the appeal has been disposed of; and if the licensing authority refuses to give a direction under this sub-paragraph the holder of the licence may apply to the tribunal for such a direction, and the tribunal shall give its decision on the application within fourteen days.
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