(1)A traffic commissioner may hold such inquiries as he thinks necessary for the proper exercise of his functions under this Act [F1or the 2009 Regulation].
(2)Where, as respects the proposed exercise on any occasion of any of his powers under [F2this Act or the 2009 Regulation], a traffic commissioner receives a request for an inquiry (made pursuant to section 29(1) [F3or paragraph 15(1)(d) or 17(4)(c) of Schedule 3]) from two or more persons, he may hold a single inquiry in response to both or all of those requests.
(3)Subject to any provision made by regulations, any inquiry held by a traffic commissioner for the purposes of this Act [F4or the 2009 Regulation] shall be held in public.
(4)Information with respect to any particular trade or business which is given at any such inquiry while admission to the inquiry is restricted in accordance with regulations shall not, so long as that trade or business continues to be carried on, be disclosed except—
(a)with the consent of the person for the time being carrying on that trade or business;
(b)for the purpose of the discharge by any person of his functions under this Act [F5or the 2009 Regulation]; or
(c)with a view to the institution of, or otherwise for the purposes of, any legal proceedings pursuant to or arising out of this Act [F6or the 2009 Regulation], including proceedings before the [F7Upper Tribunal].
(5)Any person who discloses any information in contravention of subsection (4) is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Textual Amendments
F1Words in s. 35(1) inserted (4.12.2011) by The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 2 para. 11(2) (with Sch. 3 Pt. 2)
F2Words in s. 35(2) substituted (4.12.2011) by The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 2 para. 11(3)(a) (with Sch. 3 Pt. 2)
F3Words in s. 35(2) inserted (4.12.2011) by The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 2 para. 11(3)(b) (with Sch. 3 Pt. 2)
F4Words in s. 35(3) inserted (4.12.2011) by The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 2 para. 11(4) (with Sch. 3 Pt. 2)
F5Words in s. 35(4)(b) inserted (4.12.2011) by The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 2 para. 11(5)(a) (with Sch. 3 Pt. 2)
F6Words in s. 35(4)(c) inserted (4.12.2011) by The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 2 para. 11(5)(b) (with Sch. 3 Pt. 2)
F7Words in s. 35(4)(c) substituted (1.9.2009) by Transfer of Functions (Transport Tribunal and Appeal Panel) Order 2009 (S.I. 2009/1885), art. 1(1), Sch. 1 para. 21
Modifications etc. (not altering text)
C1S. 35(4): disclosure powers extended (14.12.2001) by 2001 c. 24, s. 17, Sch. 4 para. 38