- Latest available (Revised)
- Original (As enacted)
Taxis Act (Northern Ireland) 2008, Section 37 is up to date with all changes known to be in force on or before 10 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
37—(1) Where the Department considers that a licensed operator has failed to comply with any of the duties imposed by or under section 3(3), (4) or (6), the Department may serve on the person an enforcement notice.
(2) An enforcement notice shall—
(a)state that the Department considers that the person on whom the notice is served has failed to comply with the duty specified in the notice;
(b)specify why the Department considers that the person has failed to comply with the duty in question; and
(c)require the person, before the expiry of the period specified in the notice (being a period of at least 21 days), to take the action so specified.
(3) A person who fails to comply with any requirement imposed by an enforcement notice shall be guilty of an offence.
(4) It is a defence in proceedings for an offence under subsection (3) for a person to show that the person exercised all due diligence to avoid committing such an offence.
(5) Where the Department has served an enforcement notice on a person, the Department may—
(a)before the expiry of the period specified in the notice, by notice in writing to the person withdraw the enforcement notice; o
(b)if an appeal against the notice is not pending under subsection (6), extend, or further extend, the period specified in the notice.
(6) A person on whom an enforcement notice is served may, within 21 days from the date on which it is served, by notice appeal to the Department.
(7) On an appeal under this section, the Department may either cancel or affirm the notice, and if it affirms it, it may do so either in its original form or with such modifications as the Department may in the circumstances think fit.
(8) The Department shall, on making a decision under subsection (7), give notice of the decision to the appellant including particulars of the grounds of the decision.
(9) A person who is aggrieved by a decision of the Department under subsection (7) may, within 21 days of the notice being served under subsection (8), appeal to a court of summary jurisdiction.
(10) Any such appeal shall be made in accordance with Part 7 of the Magistrates' Courts (Northern Ireland) Order 1981 (NI 26).
(11) On an appeal under this section, the court may either cancel or affirm the notice, and, if it affirms it, may do so either in its original form, in its form as modified by the Department under subsection (7) or with such other modifications as the court may in the circumstances think fit.
(12) Where an appeal is brought under this section against an enforcement notice, the operation of the notice shall be suspended until the appeal is finally disposed of or, if the appeal is withdrawn, until the withdrawal of the appeal.
Commencement Information
I1S. 37 in operation at 1.9.2012 by S.R. 2012/313, art. 2(2), Sch. Pt. 2
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Northern Ireland Assembly department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the Northern Ireland Assembly.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: