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Scrap Metal Dealers Act 2013

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This is the original version (as it was originally enacted).

Right to make representations

This section has no associated Explanatory Notes

7(1)If a local authority proposes—

(a)to refuse an application made under paragraph 2 or 3, or

(b)to revoke or vary a licence under section 4,

the authority must give the applicant or licensee a notice which sets out what the authority proposes to do and the reasons for it.

(2)In this paragraph and paragraph 8 the applicant or licensee is referred to as “A”.

(3)A notice under sub-paragraph (1) must also state that, within the period specified in the notice, A may either—

(a)make representations about the proposal, or

(b)inform the authority that A wishes to do so.

(4)The period specified in the notice must be not less than 14 days beginning with the date on which the notice is given to A.

(5)The authority may refuse the application, or revoke or vary the licence under section 4, if—

(a)within the period specified in the notice, A informs the authority that A does not wish to make representations, or

(b)the period specified in the notice expires and A has neither made representations nor informed the authority that A wishes to do so.

(6)If, within the period specified in the notice, A informs the authority that A wishes to make representations, the authority—

(a)must allow A a further reasonable period to make representations, and

(b)may refuse the application, or revoke or vary the licence under section 4, if A fails to make representations within that period.

(7)If A makes representations (either within the period specified in the notice under sub-paragraph (1) or within the further period under sub-paragraph (6)), the authority must consider the representations.

(8)If A informs the authority that A wishes to make oral representations, the authority must give A the opportunity of appearing before, and being heard by, a person appointed by the authority.

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