Road Transport Act 2011
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Appeal. |
5.— (1) Whenever the Minister refuses to grant or proposes to withdraw or suspend a licensing document, he or she shall notify the applicant for, or holder of, the licensing document of his or her refusal or proposal, as the case may be, and of the reasons therefor and shall, if any representations are made in writing to the Minister by such applicant or such holder within 21 days of such notification, consider those representations. | |
(2) If the Minister after considering any representations made under subsection (1) maintains his or her decision to refuse such licensing document, or decides to withdraw or suspend a licensing document then the Minister shall notify in writing the applicant for, or the holder of, the licensing document of the refusal or decision and such applicant or such holder may within 21 days of such notification appeal to the District Court against such decision. | ||
(3) A decision to suspend or withdraw a licensing document has effect pending an appeal under this section unless the judge of the District Court before whom the appeal is brought directs otherwise. | ||
(4) On the hearing of an appeal under this section, in relation to a refusal to grant a licensing document or a decision of the Minister to withdraw or suspend a licensing document, the District Court may either confirm the refusal or decision or may allow the appeal and, where an appeal is allowed, the Minister shall grant or reinstate the licensing document, as the case may be. | ||
(5) A decision of the District Court on an appeal under this section shall be final save that, by leave of the Court, an appeal from the decision shall lie to the High Court on a specified question of law. | ||
(6) Section 6 of the Road Transport Act 1986 is repealed. |