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Regulation 28 Appeals

Original text. Later amendments are not shown.

(1)

A person may request that TfL reconsiders any decision to—

(a)

refuse to grant, renew or vary an operator’s licence;

(b)

vary, suspend or revoke an operator’s licence; or

(c)

impose a licence condition when granting or renewing an operator’s licence or at any time during the period for which the licence has been granted under regulation 4(2).

(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)

Where, following a request made under paragraph (1), TfL maintains its original decision made under sub-paragraphs (a) to (c) of that paragraph then a person may appeal to a magistrates’ court against that decision.

(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take effect until the time for appealing has expired or (where an appeal is brought) until the appeal is disposed of or withdrawn.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.