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Transport Act (Northern Ireland) 1967

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10 F1Revocation and suspension of road service licences.N.I.

[F2(1)Subject to subsection (2), a [F3bus operator's] licence may be revoked or suspended by the Department on the ground that—

(a)any condition subject to which the licence was granted has not been complied with, or

(b)any undertaking given pursuant to section 6A(3) has not been fulfilled.]

(2)[F4 Where the condition broken is a condition attached to the [F5bus operator's] licence otherwise than under section 7(1A) the Department shall not revoke or suspend the licence under subsection (1)] unless, owing to the frequency of the breach of conditions on the part of the holder of the licence, or to the breach having been committed wilfully, or to the danger to the public involved in the breach, the Ministry is satisfied that the licence should be revoked or suspended.

(3)Where a person to whom the grant of a [F6bus operator's] licence has been refused or whose [F6bus operator's] licence has at any time been revoked or suspended becomes a director of a body corporate or acquires a controlling interest in that body corporate, the Ministry may revoke or suspend any [F6bus operator's] licence held by that body corporate.

[F7(3A)Subject to subsections (3D) to (3G), where at any time during the currency of a [F8bus operator's] licence, it appears to the Department that—

(a)the holder of the licence no longer satisfies the requirements of section 6A(1), or

(b)the transport manager designated in accordance with subsection (2) of section 6A no longer satisfies the requirements of that subsection,

the Department shall revoke the licence as from such time as the Department shall determine .]

F9(3B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9(3C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3D)In the event of the death or physical or mental incapacity of the holder of a licence or of a person specified in the licence in pursuance of [F10section 6A(6)] or in the event of the person so specified ceasing for some other reason to be employed by the holder of the licence, subsection (3A) shall not require the Department to revoke the licence during such period, not exceeding [F116 months] from the occurrence of the event in question, as the Department may determine, or during such further period not exceeding [F123 months] , as the Department may, in exceptional circumstances, determine.

(3E)The Department shall not be required by subsection (3A) to revoke a licence on a ground mentioned in [F13section 6A(1)(b) or (c)] if the holder of the licence satisfies the Department that he is an exempt person.]

[F14(3F)Before revoking a road service licence under subsection (3A), the Department shall serve a notice on the holder of the licence setting a time limit not exceeding 6 months for the holder to rectify the situation.

(3G)If the Department is satisfied that the holder of the licence has rectified the situation within the time limit set under subsection (3F), the Department shall not revoke the licence.]

(4)Where the Ministry decides to revoke or suspend a [F15bus operator's ] licence under this section, the Ministry shall serve a notice to that effect on the holder of the licence stating the reasons for the decision, and the revocation or suspension shall not take effect—

(a)until the expiration of the period of twenty-eight days from the service of the notice; or

(b)where the holder of the licence appeals to the county court under subsection (5), until the appeal is finally determined or abandoned.

(5)The holder of a [F16bus operator's] licence who is aggrieved by the decision to revoke or suspend the licence under this section may, within twenty-eight days from the service of the notice under subsection (4), appeal to the county court, giving notice of the appeal to the Ministry.

(6)On an appeal under subsection (5) the county court, if it is satisfied that the Ministry was not justified in deciding to revoke or suspend the licence under this section, shall declare that the revocation or suspension shall be of no effect, stating the reasons for its decision, and that decision shall be final.

F1mod. by SR 1981/199; 1987/187,383

F4SR 1977/327

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