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Paragraph 7C F1

England, Wales and Scotland

(1)

F2A traffic commissioner may, subject to sub-paragraph (2), at any time cancel a disqualification order made under paragraph 7B(2) or, with the consent of the disqualified person, vary the order.

(2)

The traffic commissioner by whom a disqualification order is made under paragraph 7B(2) may specify measures with which the disqualified person must comply before the order can be cancelled or varied.

(3)

Measures specified under sub-paragraph (2) may be varied by the traffic commissioner F3who made the order or another traffic commissioner —

(a)

on the application of the disqualified person, or

(F4b)

at the instigation of the traffic commissioner.

(4)

Before F5a variation is made under sub-paragraph (3)(b), a notice must be served on the disqualified person—

(a)

stating F6an intention to vary the measures specified under sub-paragraph (2),

(b)

stating that the person is entitled to make representations under sub-paragraph (5) within 28 days beginning with the date on which the notice is served on the person, and

(c)

stating that the person is entitled to request an inquiry as provided in section 54.

(5)

Where a person makes representations under this sub-paragraph, the traffic commissioner F7dealing with the matter must consider the representations in deciding whether to vary the measures specified under sub-paragraph (2).

(6)

The traffic commissioner must hold an inquiry as provided in section 54 if the disqualified person requests one under sub-paragraph (4)(c).

(7)

A notice is deemed for the purposes of sub-paragraph (4) to have been served on a person on the date on which it would have been delivered in the ordinary course of post if it was sent by post addressed to the person at the person’s last known address, notwithstanding that the notice was returned as undelivered or was for any other reason not received by the person.

Annotations

Textual amendments

F1

Sch. 3 paras. 7A-7C and cross-heading inserted (4.12.2011) by The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 1 para. 11(6) (with Sch. 3 Pt. 1)

F2

Words in Sch. 3 para. 7C(1) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 1 (with arts. 1(3), 2, 7)

F3

Words in Sch. 3 para. 7C(3) inserted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 1 (with arts. 1(3), 2, 7)

F4

Sch. 3 para. 7C(3)(b) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 1 (with arts. 1(3), 2, 7)

F5

Words in Sch. 3 para. 7C(4) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 1 (with arts. 1(3), 2, 7)

F6

Words in Sch. 3 para. 7C(4)(a) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 1 (with arts. 1(3), 2, 7)

F7

Words in Sch. 3 para. 7C(5) inserted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 1 (with arts. 1(3), 2, 7)

Notes on Schedule 3

Textual amendments

F1

Words in Sch. 3 shoulder reference substituted (4.12.2011) by The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 1 para. 11(8) (with Sch. 3 Pt. 1)