Part 1

Regulation of motor salvage operators

Registration

Right to make representations
5
1
A local authority shall not—
a
refuse to register a person who has made an application under section 3(1) for registration in the register for their area;
b
refuse to renew the registration of a person who has made an application under section 3(1) for renewal of registration in the register for their area; or
c
cancel a person’s registration in the register for their area;
unless they have complied with the provisions of this section.
2
The local authority shall serve a notice on the person concerned stating—
a
what they are proposing to do;
b
the reasons for it; and
c
the period (not less than 14 days starting with the date of service of the notice) within which the person concerned may by notice—
i
require them to give him an opportunity to make representations about the proposal; or
ii
inform them that he does not wish to make any such representations.
3
Where a notice has been served by the local authority under subsection (2), the local authority shall not proceed with their proposed refusal or (as the case may be) cancellation until—
a
the person concerned has made representations about it or informed them that he does not wish to make any such representations;
b
the period mentioned in subsection (2)(c) has passed without the local authority being required to give the person concerned an opportunity to make representations or without them being informed that he does not wish to make any representations; or
c
the conditions specified in subsection (4) are satisfied.
4
The conditions are that—
a
the person concerned has required the local authority to give him an opportunity to make representations to them about the proposal;
b
the local authority have allowed him a reasonable period to make his representations; and
c
he has failed to make them within that period.
5
The representations may be made orally or in writing.
6
If the person concerned informs the local authority that he desires to make oral representations, the local authority shall give him an opportunity of appearing before, and being heard by, a person appointed by the local authority.
7
If the local authority decide to proceed with their proposed refusal or (as the case may be) cancellation, they shall serve a notice on the person concerned informing him of their decision to proceed and of the refusal or cancellation.
8
A notice under subsection (7) shall also inform the person concerned of—
a
his right to appeal under section 6 against the refusal or cancellation;
b
the time within which such an appeal may be brought; and
c
in the case of a cancellation, the date on which the cancellation is to have effect.