Commentary on Sections
Part 4.Special Procedures
Section 73 - Revocation of approval
142.This section provides the local authority with the ability to revoke a premises or vehicle approval if it is satisfied that both the conditions in subsection (2) are met. These conditions are that the mandatory approval conditions that apply to the premises or vehicle (as required by section 70(3)) have not been complied with, and that this non compliance presents or could present, significant risk of harm to human health. In order to revoke the approval, the local authority must serve a notice on the person who applied for it.
143.Schedule 3 outlines the process for the revocation of the approval. This process is the same as that for revocation of a special procedure licence (as provided by section 68) and provides that the person may appeal against the local authority’s decision to the magistrates’ court.
144.The date from which the revocation will have effect is provided for in subsection (4). This takes into account the appeal mechanisms and timescales set out in Schedule 3.
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