OpenLegislation

Section 81 Appeals and compensationI1

England and Wales Not yet in force

(1)

The Secretary of State must make regulations providing for the holder of a licence that is suspended under the licence suspension provisions to appeal to a magistrates’ court against—

(a)

the suspension, or

(b)

any decision under section 80(3).

(2)

The Secretary of State may make regulations providing for compensation to be payable by licensing authorities in cases where—

(a)

an appeal under regulations under subsection (1) is successful, or

(b)

an enforcement officer gives a suspension notice but fails to give notice as required under section 78(2) in circumstances where it was reasonably practicable for the officer to have done so.

(3)

The regulations may provide for—

(a)

the amounts of compensation, or

(b)

the minimum or the maximum amounts of compensation.

(4)

The regulations may, in particular, confer (whether on a court or tribunal or person)—

(a)

the function of determining liability to pay compensation,

(b)

the function of determining the amount of compensation that is payable (in cases where the amount is not fixed by regulations under subsection (3)), or

(c)

other functions relating to compensation.

Annotations

Commencement

I1

S. 81 not in force at Royal Assent, see s. 108(2)(6)