xmlns:atom="http://www.w3.org/2005/Atom"

Transport managers: cancellation or variation of disqualification order

16.—(1) Where a disqualification order is made under regulation 15(2) the Department may, subject to paragraph (2), at any time cancel the order or, with the consent of the disqualified person, vary the order.

(2) When a disqualification order is made under regulation 15(2) the Department may specify measures with which the disqualified person must comply before the order can be cancelled or varied.

(3) Measures specified under paragraph (2) may be varied—

(a)on the application of the disqualified person; or

(b)by the Department.

(4) Before making a variation under paragraph (3)(b), the Department must serve a notice on the disqualified person—

(a)stating the Department’s intention to vary the measures specified under paragraph (2);

(b)stating that the person is entitled to make representations under paragraph (5) within 28 days beginning with the date on which the notice is served on the person; and

(c)stating that the person is entitled to request an inquiry as provided in section 32 of the 2010 Act.

(5) Where a person makes representations under this regulation, the Department must consider the representations in deciding whether to vary the measures specified under paragraph (2).

(6) The Department must hold an inquiry as provided in section 32 of the 2010 Act if the disqualified person requests one under paragraph (4)(c).