OpenLegislation

Regulation 23 AppealsI1

England and Wales

(1)

Without affecting the right to appeal under paragraph (3), a person may request that TfL reconsiders any decision to—

(a)

refuse to grant, renew or vary a London pedicab driver’s licence;

(b)

vary, suspend or revoke a London pedicab driver’s licence;

(c)

impose a licence condition when granting or renewing a London pedicab driver’s licence or at any time during the period for which the licence has been granted under regulation 4(2); or

(d)

impose a penalty (other than a fixed penalty) under these Regulations.

(2)

A request by a person that TfL reconsider any decision referred to in paragraph (1) must be made in writing and within 28 days of the date on which TfL issued its decision to the person.

(3)

A person may appeal to a magistrates’ court against any decision by TfL referred to in sub-paragraphs (1)(a) to (d).

(4)

The time within which a person may bring an appeal under paragraph (3) is 28 days from the date on which the notice of the decision appealed against is served on the person.

(5)

On an appeal to the magistrates’ court, the court is not entitled to entertain any questions as to whether—

(a)

A person should be, or should have been, granted leave to enter or remain in the United Kingdom; or

(b)

A person has, after the date of the decision being appealed against, been granted leave to enter or remain in the United Kingdom.

(6)

If any decision of TfL appealed against under this regulation—

(a)

involves the execution of any work or the taking of any action;

(b)

makes it unlawful for any person to carry on a business which they were lawfully carrying on at the time of the decision,

the decision is not to take effect until the time for appealing has expired or (where an appeal is brought) until the appeal is disposed of or withdrawn.

(7)

Paragraph (6) does not apply in relation to a decision to suspend, vary, or revoke a licence if the notice of suspension, variation or revocation directs that, in the interests of public safety, the decision is to have immediate effect.

(8)

Where a person holds a London pedicab driver’s licence which is in force when that person applies for a new licence in substitution for it, the existing licence is to continue in force until the application for the new licence, or any appeal under this regulation in relation to that application, is disposed of but without affecting the exercise in the meantime of any of the powers conferred on TfL under these Regulations in connection with the existing licence.

(9)

For the purposes of paragraph (8), where TfL refuses to grant the new licence, the application is not to be treated as disposed of—

(a)

where no request for a reconsideration of TfL’s decision is made under paragraph (1), until the expiry of the 28 day period specified in paragraph (2),

(b)

where such a request for a reconsideration of TfL’s decision is made, until the expiry of the 28 day period specified in paragraph (2) which begins by reference to the decision of TfL on reconsideration.

Annotations

Commencement

I1

Reg. 23 in force at 9.3.2026, see reg. 1(2)