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Appeal against refusal to grant, suspension or revocation of, licence.
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35.—(1) Whenever a licensing authority proposes to refuse to grant a licence or proposes to suspend or revoke a licence, it shall notify in writing the applicant or the holder, as the case may be, of the proposal and the reasons for the refusal, suspension or revocation and shall, if any representations are made by or on behalf of the applicant within 14 days after the date of the notification, consider the representations.
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(2) Whenever the licensing authority having considered the representations (if any) that may have been made by or on behalf of the applicant, decides, as the case may be, to refuse to grant the licence or revoke or suspend the licence, the licensing authority shall notify in writing the applicant of its decision and of the appeal procedure under subsection (3).
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(3) Where an applicant for a licence has been notified under subsection (2) of the decision of the licensing authority, as the case may be, to refuse to grant the licence or to revoke or suspend the licence, the applicant may, within 14 days after the date of the notification, appeal to the District Court against the refusal.
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(4) Where the decision under subsection (2) is to suspend or revoke a licence and the holder of the licence has made an appeal under subsection (3) against the decision, the decision stands suspended until the appeal has been determined or withdrawn.
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(5) An appeal under subsection (3) shall be to the judge of the District Court within whose jurisdiction the applicant or the holder ordinarily carries on or proposes to carry on the business of providing small public service vehicle services.
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(6) On the hearing of an appeal under subsection (3) in relation to the decision of the licensing authority under subsection (2), the Court may either confirm the decision or allow the appeal. If the appeal is allowed in relation to a decision to refuse to grant a licence the licensing authority shall, upon notification to it by the Court, grant the licence.
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(7) The decision of the District Court on an appeal under subsection (3) is final except by leave of the Court, an appeal on a specified point of law lies to the High Court.
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(8) On the commencement of this section any appeals procedure established under any regulations made under section 82 of the Act of 1961 in relation to the refusal of an application for a licence or revoking or suspending a licence is replaced by this section.
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