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Public Passenger Vehicles Act 1981

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This is the original version (as it was originally enacted).

Appeals to the Secretary of State

50Appeals to the Secretary of State

(1)A person who has applied for the grant of a PSV operator's licence or a road service licence under this Act may appeal to the Secretary of State against any decision of the traffic commissioners—

(a)to refuse to grant the licence in accordance with the application; or

(b)to attach any condition to the licence otherwise than in accordance with the application.

(2)Where a person who has applied for a new PSV operator's licence or road service licence in substitution for a licence held by him and in force at the date of hi§ application appeals to the Secretary of State under subsection (1) above against any such decision of the traffic commissioners as is mentioned in paragraph (a) or (b) of that subsection, the existing licence shall continue in force until the appeal is disposed of, but without prejudice to the exercise in the meantime of the powers conferred by section 17 or 36 of this Act.

(3)The holder of a PSV operator's licence or a road service licence may appeal to the Secretary of State against any decision of the traffic commissioners—

(a)to refuse an application by the holder for the variation or removal of any condition attached to the licence;

(b)to vary any such condition, or to attach any new condition to the licence, otherwise than on an application by the holder; or

(c)to revoke or suspend the licence or to curtail its period of validity.

(4)Traffic commissioners making any such decision with respect to a licence as is mentioned in paragraph (b) or (c) of subsection (3) above may, if the holder of the licence so requests, direct that their decision shall not have effect until the expiration of the period within which an appeal against it may be made to the Secretary of State under that subsection and, if such an appeal is made, until the appeal is disposed of; and if they refuse to give such a direction, the holder of the licence may apply to the Secretary of State for such a direction, and the Secretary of State shall give his decision on the application within fourteen days.

(5)A person who has applied for the grant of a PSV operator's licence or a road service licence under this Act, or for the variation or removal of any conditions attached to such a licence,

shall, if the traffic commissioners to whom the application was made fail to come to a decision on the application within a reasonable time, have the same right to appeal to the Secretary of State as if the commissioners had decided to refuse the application.

(6)A person applying for—

(a)a certificate of initial fitness under section 6 of this Act; or

(b)a certificate under section 10 of this Act that a vehicle conforms to a type vehicle,

may appeal to the Secretary of State against the refusal of a certifying officer to issue such a certificate.

(7)A person other than the applicant for, or holder of, a road service licence may, if he has standing in the matter in accordance with subsection (8) below, appeal to the Secretary of State against any decision of the traffic commissioners with respect to—

(a)the grant, revocation or suspension of a road service licence; or

(b)the attachment of any condition to a road service licence or the variation or removal of any condition attached to such a licence.

(8)The persons having standing to appeal under subsection (7) above against a decision of the traffic commissioners with respect to a road service licence are—

(a)any local authority in whose area the service, or any part of the service, is being or is to be provided under the licence; and

(b)any person providing transport facilities along or near the route, or part of the route, of the service which is being or is to be provided under the licence,

being an authority or person who has made objections or other representations to the traffic commissioners in the course of the proceedings resulting in that decision.

(9)An appeal under this section must be made within the prescribed time and in the prescribed manner; and provision may be made by regulations as to the procedure to be followed in connection with appeals under this section.

(10)On the determination of an appeal under this section, the Secretary of State may confirm, vary or reverse the decision appealed against, and may give such directions as he thinks fit to the traffic commissioners or, as the case may be, to the certifying officer for giving effect to his decision; and it shall be the duty of the traffic commissioners or certifying officer to comply with any such directions.

51Further appeals on points of law

(1)An appeal lies at the instance of any of the persons mentioned in subsection (2) below on any point of law arising from a decision of the Secretary of State on an appeal from a decision of the traffic commissioners for any area—

(a)to the High Court where the proceedings before the traffic commissioners were in England or Wales; and

(b)to the Court of Session where the proceedings before the traffic commissioners were in Scotland.

(2)The persons who may appeal against any such decision of the Secretary of State are—

(a)the person who appealed to the Secretary of State,

(b)any person who had a right to appeal to the Secretary of State against the relevant decision of the traffic commissioners but did not exercise that right; and

(c)the traffic commissioners whose decision was appealed against

(3)If on an appeal under this section the High Court or Court of Session is of opinion that the decision appealed against was erroneous in point of law, it shall remit the matter to the Secretary of State with the opinion of the court for rehearing and determination by him.

(4)No appeal to the Court of Appeal may be brought from a decision of the High Court under this section except with the leave of the High Court or the Court of Appeal.

(5)An appeal shall lie, with the leave of the Court of Session or the House of Lords, from any decision of the Court of Session under this section; and such leave may be given on such terms as to costs, expenses or otherwise as the Court of Session or the House of Lords determine.

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