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Transport Act (Northern Ireland) 2011

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This is the original version (as it was originally enacted).

Revocation, suspension and curtailment of permits

This section has no associated Explanatory Notes

10.—(1) Subject to the following provisions of this section and the provisions of section 12, the Department may direct that a permit be revoked, suspended or curtailed (within the meaning given in subsection (6)) for any reasonable cause including any of the following—

(a)that the permit-holder has contravened any condition attached to the permit;

(b)that during the 3 years ending with the date on which the direction is given there has occurred a prescribed event affecting information required to be given to the Department under section 4 or 5;

(c)that the permit-holder made, or procured to be made, for the purposes of the permit-holder’s application for the permit, a statement of fact that, whether to the permit-holder’s knowledge or not, was false, or a statement of expectation that has not been fulfilled;

(d)that the permit-holder, being an individual, has been adjudged bankrupt or, being a company, has gone into liquidation, other than voluntary liquidation for the purposes of reconstruction;

(e)that since the permit was issued there has been a material change in any of the circumstances of the permit-holder that were relevant to the issue or variation of the permit;

(f)that the permit is liable to revocation, suspension or curtailment by virtue of a direction given under section 11(3);

(g)that an operator’s licence (within the meaning of section 1) held by the permit-holder has been revoked or suspended or has expired;

(h)that the permit-holder has been convicted of an offence under the National Minimum Wage Act 1998 (c. 39);

(i)that the Department considers that it is in the public interest for any service specified in the permit to be provided under a service agreement.

(2) Where the Department has power to give a direction in respect of a permit under subsection (1) the Department also has power to direct that a condition be attached to the permit.

(3) Where the existence of any of the grounds mentioned in subsection (1) (except paragraph (i)) is brought to the notice of the Department, the Department shall consider whether or not to give a direction under this section in respect of that permit.

(4) Where the Department has given a direction suspending or curtailing a permit under subsection (1) it may—

(a)cancel the direction;

(b)with the consent of the permit-holder, vary the direction.

(5) Where a permit is suspended under this section, the permit remains in force during the time of its suspension subject to the limitation that no services are authorised to be provided under it.

(6) In this Act references to directing that a permit be curtailed are references to directing (with effect for the remainder of the duration of the permit or for any shorter period) either or both of the following—

(a)that one or more of the vehicles specified in the permit be removed from it; and

(b)that one or more of the services specified in the permit be removed from it.

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