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28.—(1) Where the Secretary of State decides to cancel a permit, an operator may appeal—
(a)in Great Britain, to a traffic commissioner; and
(b)in Northern Ireland, to the Upper Tribunal.
(2) An appeal must be brought within 20 working days of the day on which the operator was notified of the decision to cancel the permit.
(3) On an appeal to a traffic commissioner, the traffic commissioner must—
(a)consider any written representations made and any evidence provided when the appeal is brought;
(b)inform the appellant of the outcome of the appeal within a period of 56 days, beginning with the day on which the appeal was brought; and
(c)provide reasons for the decision (“the determination”).
(4) Without prejudice to the right of any person to make an application for judicial review—
(a)a determination by a traffic commissioner is binding on all parties affected by the determination; and
(b)a traffic commissioner may give such directions as the traffic commissioner considers appropriate to give effect to the determination.
(5) In this regulation—
“traffic commissioner” has the same meaning as in the Public Passenger Vehicles Act 1981(1); and
“upper tribunal” means the Upper Tribunal constituted under section 3 of the Tribunal, Courts and Enforcement Act 2007(2).
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