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19.—(1) After the completion of a re-examination for the purposes of an appeal under Article 66 of the 1995 Order the Department may repay to the appellant, as it thinks fit, either the whole or part of the fee paid on the appeal where it appears to the Department there were substantial grounds for contesting the whole or part of the determination against which the appeal was made.
(2) Subject to paragraph (3), a fee payable on an appeal in accordance with these Regulations shall be payable notwithstanding that the vehicle is not submitted for re-examination in accordance with regulation 17.
(3) Paragraph (2) shall not apply if the appellant has before the time fixed under regulation 17 for the carrying out of the re-examination given the Department not less than 3 clear days' notice (whether in writing or otherwise) at the vehicle testing centre at which his appeal was lodged that he does not propose to submit the vehicle for re-examination at that time.
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