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| Procedure on appeal. P/H London act 1998 http://taxi-driver.co.uk/phpBB2/viewtopic.php?f=5&t=3557 |
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| Author: | JD [ Fri Apr 21, 2006 1:25 pm ] |
| Post subject: | Procedure on appeal. P/H London act 1998 |
Procedure on appeal. The following provisions apply to any appeal which lies under the Private Hire Vehicles (London) Act 1998 to a magistrates' court against a decision of the licensing authority, a constable or an authorised officer in relation to, or to an application for, a licence under the Act. If the licensing authority has exercised the power to delegate functions, such an appeal must be heard by the magistrates' court for the petty sessions area in which the person to whom the functions have been delegated has his office or principal office. Any such appeal is to be by way of complaint for an order and the Magistrates' Courts Act 1980 applies to the proceedings. The time within which a person may bring such an appeal is 21 days from the date on which notice of the decision appealed against is served on him. In the case of a decision where an appeal lies, the notice of the decision must state the right of appeal to a magistrates' court and the time within which an appeal may be brought. An appeal against any decision of a magistrates' court in pursuance of an appeal to which this provision applies lies to the Crown Court at the instance of any party to the proceedings in the magistrates' court. Where on appeal a court varies or reverses any decision of the licensing authority, a constable or an authorised officer, the order of the court must be given effect to by the licensing authority or, as the case may be, a constable or authorised officer. |
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| Author: | JD [ Fri Apr 21, 2006 1:29 pm ] |
| Post subject: | |
Effect of appeal on decision appealed against. If any decision of the licensing authority against which a right of appeal is conferred by the Private Hire Vehicles (London) Act 1998: * (1) involves the execution of any work or the taking of any action; * (2) makes it unlawful for any person to carry on a business which he was 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take effect until the time for appealing has expired or (where an appeal is brought) until the appeal is disposed of or withdrawn. However, this 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. 1 As to the licensing authority see para 1122 note 1 ante.2 Private Hire Vehicles (London) Act 1998 s 26(1) (amended by the Greater London Authority Act 1999 s 254(3), Sch 21 para 2). As to the commencement of the provisions of the Private Hire Vehicles (London) Act 1998 see para 1120 note 2 ante.3 Ibid s 26(2). |
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