72
CAP. 374]
Road Traffic
[1989 Ed.
*88L. Revocation of designation
(1) If in the case of any proprietor of a driving school it appears to the Commissioner that--
(a) there has been a breach of
(i) Schedule 9; or
(ii) the conditions specified in the designation under section 88K; or
(b) any course certificate has been improperly issued; or
(c) the particulars on any course certificate have been incorrectly stated for fraudulent purposes; or
(d) the proprietor has ceased to trade, or is being wound up or has committed an act of bankruptcy,
the Commissioner may serve on the proprietor a notice stating his intention to revoke the designation and the ground or grounds therefor and requiring the proprietor to show cause in writing, within 28 days after the service of such notice, why the designation should not be so revoked.
(2) Where after a notice is served on a proprietor of a driving school under subsection (1)
(a) the proprietor does not show cause why the designation should not be revoked; or
(b) the Commissioner, having considered any representations made by the proprietor, is of the opinion that the proprietor has not shown good cause why the designation should not be revoked,
the Commissioner may, by notice in writing served on the proprietor, revoke the designation with effect from such date being not less than 14 days after service of the notice as he shall specify in the notice.
(3) Any proprietor of a driving school aggrieved by a decision of the Commissioner under subsection (2) may appeal to a Transport Tribunal against such decision within 14 days of receiving notice of the decision and on any such appeal a Transport Tribunal may affirm, amend or reverse such decision.
(4) A decision of the Commissioner appealed against under subsection (3) shall not have effect pending the determination of the appeal by a Transport Tribunal.
(5) The Commissioner shall cause notice of the revocation of a designation under subsection (2) to be published in the Gazette as soon as practicable after the revocation has come into effect.
(6) No compensation shall be payable in respect of the revocation of a designation under this section.
(7) Where a designation is revoked under this section, any fee paid under section 88K(2) or (6) shall not be refunded.
In operation on 1 January 1990.
72
CAP. 374]
Road Traffic
[1989 Ed.
*88L. Revocation of designation
(1) If in the case of any proprietor of a driving school it appears to the Commissioner that--
(a) there has been a breach of
(i) Schedule 9; or
(ii) the conditions specified in the designation under section
88K; or
(b) any course certificate has been improperly issued; or
the particulars on any course certificate have been incorrectly stated for fraudulent purposes; or
(d) the proprietor has ceased to trade, or is being wound up or has
committed an act of bankruptcy,
the Commissioner may serve on the proprietor a notice stating his intention to revoke the designation and the ground or grounds therefor and requiring the proprietor to show cause in writing, within 28 days after the service of such notice, why the designation should not be so revoked.
(2) Where after a notice is served on a proprietor of a driving school under subsection (1)
(a) the proprietor does not show cause why the designation should
not be revoked; or
(b) the Commissioner, having considered any representations made by the proprietor, is of the opinion that the proprietor has not shown good cause why the designation should not be revoked, the Commissioner may, by notice in writing served on the proprietor, revoke the designation with effect from such date being not less than 14 days after service of the notice as he shall specify in the notice.
(3) Any proprietor of a driving school aggrieved by a decision of the Commissioner under subsection (2) may appeal to a Transport Tribunal against such decision within 14 days of receiving notice of the decision and on any such appeal a Transport Tribunal may affirm, amend or reverse such decision.
(4) A decision of the Commissioner appealed against under subsection (3) shall not have effect pending the determination of the appeal by a Transport Tribunal.
(5) The Commissioner shall cause notice of the revocation of a designation under subsection (2) to be published in the Gazette as soon as practicable after the revocation has come into effect.
(6) No compensation shall be payable in respect of the revocation of a designation under this section.
(7) Where a designation is revoked under this section, any fee paid under section 88K(2) or (6) shall not be refunded.
In operation on 1 January 1990.
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