OpenLegislation

Section 62 Suspension and revocation of operators’ licences.C1C2

England and Wales

(1)

Notwithstanding anything in this Part of this Act a district council may suspend or revoke, or (on application therefor under section 55 of this Act) refuse to renew an operator’s licence on any of the following grounds:—

(a)

any offence under, or non-compliance with, the provisions of this Part of this Act;

(b)

any conduct on the part of the operator which appears to the district council to render him unfit to hold an operator’s licence;

(c)

any material change since the licence was granted in any of the circumstances of the operator on the basis of which the licence was granted;

F1(ca)

that the operator has since the grant of the licence been convicted of an immigration offence or required to pay an immigration penalty;or

(d)

any other reasonable cause.

F2(1A)

Subsection (1)(ca) does not apply if—

(a)

in a case where the operator has been convicted of an immigration offence, the conviction is a spent conviction within the meaning of the Rehabilitation of Offenders Act 1974, or

(b)

in a case where the operator has been required to pay an immigration penalty—

(i)

more than three years have elapsed since the date on which the penalty was imposed, and

(ii)

the amount of the penalty has been paid in full.

(2)

Where a district council suspend, revoke or refuse to renew any licence under this section they shall give to the operator notice of the grounds on which the licence has been suspended or revoked or on which they have refused to renew such licence within fourteen days of such suspension, revocation or refusal.

(3)

Any operator aggrieved by a decision of a district council under this section may appeal to a magistrates’ court.

Annotations

Textual amendments

F1

S. 62(1)(ca) inserted (1.12.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 5 para. 25(2) (with Sch. 5 para. 55); S.I. 2016/1037, reg. 5(i) (with reg. 6)

F2

S. 62(1A) inserted (1.12.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 5 para. 25(3) (with Sch. 5 para. 55); S.I. 2016/1037, reg. 5(i) (with reg. 6)

Modifications

C1

S. 62: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1 Table B5

C2

S. 62(1) modified (1.12.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 5 para. 56(7); S.I. 2016/1037, reg. 5(i)

Notes on Part II

Modifications

C1

Pt. II(ss. 45–80) modified by Transport Act 1978 (c. 55, SIF 126), s. 7(3)

C2

Pt. II(ss. 45–80) amended by Public Passenger Vehicles Act 1981 (c. 14, SIF 107:1), s. 79

C3

Pt. II(ss. 45–80) applied with modifications by S.I. 1986/567, regs. 3, 4

C4

Pt. II (ss. 45-80) extended (1.4.2000) by 1999 c. 29, s. 255(1)(4); S.I. 2000/801, art. 2(2)(a), Sch. Pt. 1

Pt. II (ss. 45-80) excluded (1.7.2001) by 1981 c. 14, s. 79A(1)(a) (as inserted (1.7.2001) by 2000 c. 38, s. 265(2); S.I. 2001/1498, art. 3)