Taxi Regulation Act 2013

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Appropriate date

39. (1) In this Part, subject to this section, the appropriate date, in relation to demerits, is the date that is 28 days from the date of the notice under section 37 relating to demerits, and, for the purposes of the application of this section to section 38 (1), the notice under section 36 is that relating to the demerits concerned that are the latest to be endorsed on an entry before a disqualification occurs under section 38 (1) of the person to whom the entry relates.

(2) If a court extends the time for instituting an appeal against a conviction for a demerit offence, it may, if it thinks it is appropriate and in the interests of justice to do so, by order provide that, in relation to the demerits concerned—

(a) the period of—

(i) 3 months specified in section 38 , or

(ii) 3 years specified in section 36 ,

or both such periods, shall begin on such date or dates other than that or those specified in subsection (1) as may be stated in the order, or

(b) such a period shall consist of 2 discontinuous periods stated in the order or each such period shall consist of the 2 discontinuous periods so stated.

(3) Where an order is made under subsection (2), the appropriate clerk or court registrar or such other member of the staff of the Courts Service as that service may designate shall notify the Authority of the order.

(4) In relation to a case in which an order is made under subsection (2), subsection (1) shall be construed in accordance with the order.

(5) (a) In any proceedings, a certificate signed by an officer of the Authority authorised by the Authority in that behalf and stating—

(i) that he or she has examined the entry relating to a person,

(ii) that a demerit was endorsed on the entry on a specified date, and

(iii) the date of the notice under section 38 relating to the demerit,

shall be admissible as evidence of those facts.

(b) A document purporting to be a certificate under paragraph (a) shall be deemed to be such a certificate, and to have been signed by the person purporting to have signed it and to have been so signed in accordance with an authorisation under paragraph (a), unless the contrary is shown.