6(1)Where the Director General proposes to revoke a licence, he shall serve a notice on the licensee stating—U.K.
(a)that he proposes to revoke the licence,
(b)the ground or grounds for revocation,
(c)that the licensee may within the period of twenty-one days beginning with the date of the notice either make written representations about the matter to him or notify him in writing of the licensee’s intention to make oral representations, F1. . .
F2[(cc)that the right of appeal conferred by paragraph 11 is dependent on the licensee having made such written or oral representations, and]
(d)the effect of sub-paragraph (2).
(2)If, within the period mentioned in sub-paragraph (1)(c), the Director General receives neither written representations nor written notification of the licensee’s intention to make oral representations, the revocation shall take effect at the end of that period.
Textual Amendments
F1Word in Sch. 3 Pt. II para. 6(1)(c) repealed (2.9.1998) by 1998 c. 22, ss. 4(2), 26, 27(5), Sch. 5 Pt. II.
F2Sch. 3 Pt. II para. 6(1)(cc) inserted (2.9.1998) by 1998 c. 22, ss. 4(2), 27(5).
7(1)The Director General may suspend a licence as from the date of any notice served in respect of it under paragraph 6 if—U.K.
(a)he reasonably believes that the ground or any of the grounds specified in the notice involves fraud by the licensee, or
(b)the ground or one of the grounds specified in the notice is the ground set out in paragraph 5(a).
(2)Where a licence is suspended under this paragraph—
(a)the suspension shall last until the revocation takes effect or the Director General decides not to revoke the licence [F3or an appeal against the revocation is allowed], and
(b)the notice shall inform the licensee accordingly.
Textual Amendments
F3Words in Sch. 3 Pt. II para. 7(2)(a) substituted (2.9.1998) by 1998 c. 22, ss. 4(3), 27(5).
8(1)The Secretary of State may make regulations as to the procedure to be followed where a licensee’s intention to make oral representations is notified to the Director General as mentioned in paragraph 6(1)(c).U.K.
(2)The regulations may in particular make provision—
(a)for the revocation of the licence to take effect if the licensee fails to comply with any requirements imposed by or under the regulations, and
(b)as to the hearing by the Director General of oral representations.
9(1)If any written representations against the revocation of a licence are made as mentioned in paragraph 6(1)(c) or any oral representations against the revocation of a licence are made in accordance with regulations under paragraph 8, the Director General shall after taking the representations into account—U.K.
(a)decide whether or not to revoke the licence, and
(b)serve a further notice on the licensee informing the licensee of his decision and (if the case so requires) of the effect of sub-paragraph (2).
(2)Where the decision is to revoke the licence, the revocation shall not take effect—
(a)until the end of such period as may be specified in the further notice, or
F4[(b)if the licensee appeals within that period against the revocation and the court makes an order under paragraph 11(2), until such time as is specified in the order,
whichever is the later.]
(3)The period specified in the further notice shall be a period of at least twenty-eight days beginning with the date of that notice.
Textual Amendments
F4Sch. 3 Pt. II para. 9(2)(b) substituted (2.9.1998) by 1998 c. 22, ss. 4(4), 27(5).
F510U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F5Sch. 3 Pt. II para. 10 repealed (2.9.1998) by 1998 c. 22, ss. 4(5), 26, 27(5), Sch. 5 Pt. II.
Textual Amendments
F6Crossheading and para. 11 in Sch. 3 inserted (2.9.1998) by 1998 c. 22, ss. 4(6), 27(5)
F7[11(1)Where the Director General decides under paragraph 9 to revoke a licence, the licensee may appeal against the decision on the grounds—U.K.
(a)that the Director General made an error as to the facts,
(b)that there was a material procedural error, or
(c)that the Director General made some other error of law.
(2)Where a licensee appeals under this paragraph, the powers of the court pending the withdrawal or final disposal of the appeal shall include power, on the application of the licensee or the Director General, to make an order, if the court considers it just and equitable to do so in all the circumstances of the case, preventing the revocation taking effect until such time as may be specified in the order.
(3)An appeal under this paragraph lies to the High Court or, in Scotland, to the Court of Session.
(4)Any appeal under this paragraph to the Court of Session shall be heard in the Outer House.]
Textual Amendments
F7Sch. 3Pt. II para. 11 inserted (2.9.1998) by 1998 c. 22, ss. 4(6), 27(5)