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Article 76 Appeals to court of summary jurisdictionF1F2F3

Northern Ireland

(1)

A person who, being the holder of, or an applicant for, a large goods vehicle or passenger-carrying vehicle driver's licenceF4 or the holder of an LGV Community licence or a PCV Community licence, is aggrieved by the Department's—

(a)

refusal or failure to grant such a licence in pursuance of Article 71,

(b)

suspension or revocation of such a licence in pursuance of Article 73, or

(c)

ordering of disqualification under Article 74(2) or 74A(2),

or by a notice served on him in pursuance of Article 73(8) or 73A(1) may, after giving to the Department notice of his intention to do so, appeal to a court of summary jurisdiction F5....

(2)

On any appeal under paragraph (1) (except under sub-paragraph (c) of that paragraph) the Department shall be respondent.

(3)

On any appeal under paragraph (1) the court may make such order as it thinks fit and the order shall be binding on the Department.

Annotations

Textual amendments

F1

1991 NI 3

F2

SR 1996/426

F3

mod. by SR 1994/365

F4

SR 1996/426

F5

Words in art. 76(1) repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 83(3), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)