Search Legislation

Taxis Act (Northern Ireland) 2008

Status:

This is the original version (as it was originally enacted).

Enforcement notices

This section has no associated Explanatory Notes

37.—(1) Where the Department considers that a licensed operator has failed to comply with any of the duties imposed by or under section 3(3), (4) or (6), the Department may serve on the person an enforcement notice.

(2) An enforcement notice shall—

(a)state that the Department considers that the person on whom the notice is served has failed to comply with the duty specified in the notice;

(b)specify why the Department considers that the person has failed to comply with the duty in question; and

(c)require the person, before the expiry of the period specified in the notice (being a period of at least 21 days), to take the action so specified.

(3) A person who fails to comply with any requirement imposed by an enforcement notice shall be guilty of an offence.

(4) It is a defence in proceedings for an offence under subsection (3) for a person to show that the person exercised all due diligence to avoid committing such an offence.

(5) Where the Department has served an enforcement notice on a person, the Department may—

(a)before the expiry of the period specified in the notice, by notice in writing to the person withdraw the enforcement notice; o

(b)if an appeal against the notice is not pending under subsection (6), extend, or further extend, the period specified in the notice.

(6) A person on whom an enforcement notice is served may, within 21 days from the date on which it is served, by notice appeal to the Department.

(7) On an appeal under this section, the Department may either cancel or affirm the notice, and if it affirms it, it may do so either in its original form or with such modifications as the Department may in the circumstances think fit.

(8) The Department shall, on making a decision under subsection (7), give notice of the decision to the appellant including particulars of the grounds of the decision.

(9) A person who is aggrieved by a decision of the Department under subsection (7) may, within 21 days of the notice being served under subsection (8), appeal to a court of summary jurisdiction.

(10) Any such appeal shall be made in accordance with Part 7 of the Magistrates' Courts (Northern Ireland) Order 1981 (NI 26).

(11) On an appeal under this section, the court may either cancel or affirm the notice, and, if it affirms it, may do so either in its original form, in its form as modified by the Department under subsection (7) or with such other modifications as the court may in the circumstances think fit.

(12) Where an appeal is brought under this section against an enforcement notice, the operation of the notice shall be suspended until the appeal is finally disposed of or, if the appeal is withdrawn, until the withdrawal of the appeal.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Northern Ireland Assembly department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the Northern Ireland Assembly.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources