C1C2C3 Part III Licensing of drivers of vehicles

Annotations:
Modifications etc. (not altering text)
C1

Pt. III (ss. 87–109) excluded by Road Traffic Offenders Act 1988 (c. 53, SIF 107:1), s. 37(3)

C2

Pt. III (ss. 87–109) restricted (1.4.1991) by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 1(6), Sch. 1 para. 6(5)

Pt. III (ss. 87-109) restricted (1.6.1997) by 1995 c. 13, ss. 4(1), 6, Sch. 1 Pt. III para. 6(1), Pt. IV para. 9(1) (with ss. 8, 10(3)); S.I. 1997/267, art. 2(2)

Pt. III (ss. 87-109) extended (1.6.1997) by 1995 c. 13, s. 5(7) (with ss. 8, 10(3)); S.I. 1997/267, art. 2(2)

Pt. III (ss. 87-109) applied (1.6.1997) by 1995 c. 13, s. 9(1) (with ss. 8, 10(3)); S.I. 1997/267, art. 2(2)

Appeals

100 Appeals relating to licences.

1

A person who is aggrieved by the Secretary of State’s—

a

refusal to grant or revocation of a licence in pursuance of section 92 or 93 of this Act, or

b

determination under section 99(1)(b) of this Act to grant a licence for F6ten years or less F7or, where sub-paragraph (ii) of section 99(1)(b) applies, for three years or less, or

c

revocation of a licence in pursuance of section 99(3) F5, (3ZA)F1or (3A) of this Act,

or by a notice served on him in pursuance of section 92(5) F2, 99C or 109B of this Act may, after giving to the Secretary of State notice of his intention to do so, appeal to a magistrates’ court F3. . . or, in Scotland, to the sheriff within whose jurisdiction he resides.

2

On any such appeal the court or sheriff may make such order as it or he thinks fit and the order shall be binding on the Secretary of State.

3

It is hereby declared that, without prejudice to section 90 of this Act, in any proceedings under this section the court or sheriff is not entitled to entertain any question as to whether the appellant passed a test of competence to drive if he was declared by the person who conducted it to have failed it.

F44

In any proceedings under this section about the revocation of a licence in pursuance of section 99(3ZA) (revocation on grounds of immigration status), the court or sheriff is not entitled to entertain any question as to whether—

a

the appellant should be, or should have been, granted leave to enter or remain in the United Kingdom, or

b

the appellant has, after the date that the Secretary of State served notice under section 99(3ZA), been granted leave to enter or remain in the United Kingdom.