Greater London Authority Act 1999

189 Appeals. E+W+S

(1) Where Transport for London refuses to grant a London service permit, it must issue a notice stating the reasons for the decision to do so to the person who made the application for the permit.

(2) A person to whom a notice has been issued under subsection (1) above may [F1 make an appeal] against the decision in relation to which the notice was issued.

(3) Where Transport for London—

(a) attaches any condition to a London service permit, or alters or removes any condition so attached; or

(b) revokes or suspends a London service permit,

it must issue a notice to the holder of the permit stating the reasons for the decision to do so.

(4) A holder of a London service permit to whom a notice has been issued under subsection (3) above may [F1 make an appeal] against the decision in relation to which the notice was issued.

(5) An appeal under this section against a decision of Transport for London must be made before the end of the period of 28 days beginning with the date of issue of the notice relating to the decision [F2 ; but, subject to that, the procedure for the making of appeals under this section shall be such as the Secretary of State may by regulations prescribe.].

[F3 (6) An appeal under this section shall be heard by a panel of persons appointed by the Lord Chancellor for the purpose of hearing such an appeal (an appeal panel).]

[F4 (7) The Secretary of State may make regulations providing for the charging of reasonable fees in respect of appeals under this section.]

(8) A person shall be disqualified from being appointed to be, or being, a member of an appeal panel if he is—

(a) an Assembly member,

(b) a member of staff of the Authority,

(c) a member of, or a member of staff of, Transport for London, or

(d) a director of a subsidiary of Transport for London or a member of staff of such a subsidiary.

(9) The [F5 Secretary of State] may pay to the members of an appeal panel such fees and expenses as he considers appropriate.

(10) An appeal panel shall regulate its own procedure but, unless the person making the appeal requests otherwise, any appeal hearing shall be conducted on the basis of documentary evidence only.

[F6 (11) An appeal panel which has heard an appeal against a decision may—

(a) uphold the decision,

(b) quash the decision, or

(c) substitute for the decision such other decision which Transport for London had power to make as appears to the appeal panel to be appropriate.

F6 (12) An appeal panel which has heard an appeal may make an order about payment of the costs of the appeal; and such an order may require that Transport for London pay to the person who made the appeal a sum equal to the whole or part of any fee paid in accordance with regulations under subsection (7) above.]

Textual Amendments

F1 Words in s. 189(2)(4) substituted (E.W.) (1.4.2002 for E. and otherwise prosp.) by 2000 c. 38, ss. 267(1)(2), 275(1); S.I. 2002/658, art. 2, Sch. Pt. 2

F2 Words in s. 189(5) inserted (E.W.) (1.2.2001 (E.) for specified purposes and otherwiseprosp.) by 2000 c. 38, s. 267(1)(3); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)

F3 S. 189(6) substituted (E.W.) (1.4.2002 for E. and otherwiseprosp.) by 2000 c. 38, ss. 267(1)(4), 275(1); S.I. 2002/658, art. 2, Sch. Pt. 2

F4 S. 189(7) substituted (E.W.) (1.2.2001 (E.) for specified purposes and otherwiseprosp.) by 2000 c. 38, s. 267(1)(5); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)

F5 Words in s. 189(9) substituted (E.W.) (1.4.2002 for E. and otherwiseprosp.) by 2000 c. 38, ss. 267(1)(6), 275(1); S.I. 2002/658, art. 2, Sch. Pt. 2

F6 S. 189(11)(12) substituted for s. 189(11)-(13) (E.W.) (1.4.2002 for E. and otherwise prosp.) by 2000 c. 38, ss. 267(7), 275(1); S.I. 2002/658, art. 2, Sch. Pt. 2