Learner Travel (Wales) Measure 2008

[F1 8 (1) Provision under paragraph 7 must secure the results in sub-paragraph (2) in a case where a stop notice is served. W

(2) Those results are that—

(a) the stop notice must comply with sub-paragraph (3),

(b) the person on whom it is served may appeal against the decision to serve it,

(c) where, after service of the notice, the enforcement authority is satisfied that the person has taken the steps specified in the notice, the enforcement authority must issue a certificate to that effect (a “completion certificate”),

(d) the notice ceases to have effect on the issue of a completion certificate,

(e) the person on whom the notice is served may at any time apply for a completion certificate,

(f) the enforcement authority must make a decision as to whether to issue a completion certificate within 14 days of such an application, and

(g) the person on whom the notice is served may appeal against a decision not to issue a completion certificate.

(3) To comply with this sub-paragraph a stop notice must include information as to—

(a) the grounds for serving the notice,

(b) rights of appeal, and

(c) the consequences of non-compliance.

(4) Provision pursuant to sub-paragraph (2)(b) must secure that the grounds on which a person may appeal against a decision of the enforcement authority to serve a stop notice include the following—

(a) that the decision was based on an error of fact;

(b) that the decision was wrong in law;

(c) that the decision was unreasonable;

(d) that any step specified in the notice is unreasonable;

(e) that the person has not breached the regulations and would not have breached them had the stop notice not been served;

(f) such other grounds as may be prescribed.

(5) Provision pursuant to sub-paragraph (2)(g) must secure that the grounds on which a person may appeal against a decision of the enforcement authority not to issue a completion certificate include the following—

(a) that the decision was based on an error of fact;

(b) that the decision was wrong in law;

(c) that the decision was unfair or unreasonable.]

Textual Amendments

F1 Sch. A1 inserted (10.7.2011) by Safety on Learner Transport (Wales) Measure 2011 (nawm 6), s. 16(2), Sch.