(1)Any person who operates a taxi in an area for which scales have been fixed or in respect of which a review has been carried out under section 17 of this Act may, within 14 days after the decision upon the scales or, as the case may be, upon the review, appeal against these scales to the traffic [F1commissioner] for the Scottish Traffic Area as constituted for the purpose of the M1Public Passenger Vehicles Act 1981.
(2)The traffic [F1commissioner] may hear an appeal under this section notwithstanding that it was not lodged with [F2him] within the time mentioned in subsection (1) above.
(3)On an appeal to them under subsection (1) above, the traffic [F1commissioner] may—
(a)confirm or alter the scales; or
(b)may decline to proceed—
(i)at any stage in the appeal, on the grounds that [F3he considers] the case for the appellant is not representative of the view of a substantial proportion of the operators of taxis operating in the area of the licensing authority;
(ii)if less than two years have elapsed since [F3he decided] an appeal against a decision of the same authority in respect of the same scale, and [F3he considers] it inappropriate that [F3he should consider] the matter again.
(4)An appeal under this section shall have the effect of suspending the decision referred to in subsection (1) above until the date when the appeal is abandoned or, as the case may be, when notice is given to the appellant advising him of its disposal.
(5)Where [F4he alters] scales under subsection (3)(a) above, the traffic [F1commissioner] may substitute a different date for the coming into effect of these scales.
(6)The Secretary of State may [F5by order made by statutory instrument] make rules as to procedure in relation to appeals under this section.
(7)The decision of the traffic [F1commissioner] on an appeal under this section shall be final.
(8)The traffic [F1commissioner] shall give notice of [F6his] decision in writing to the appellant and to the licensing authority and notice shall be given to the appellant by—
(a)its being sent by recorded delivery letter to his last known address or, as the case may be, to them so as to arrive, in the normal course of post, not later than five days after [F6his] decision; or
(b)personal service of the notice on the appellant within that time.
(9)As soon as practicable after the expiration of the period of 14 days referred to in subsection (1) above or, where an appeal has been lodged, on the date when it is abandoned or when notice is given to the appellant of its disposal, the licensing authority shall, by advertisement in a newspaper circulating in their area, give public notice of the scales which have been determined under section 17 of this Act and this section and the date when they come into effect which shall be not earlier than seven days after the date of the advertisement.
(10)A licensing authority shall pay the expenses incurred under this section by the traffic commissioners in relation to appeals under this section.
F7(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Word substituted by Transport Act 1985 (c. 67, SIF 126), s. 3, Sch. 2 Pt. II para. 5(a)
F2Word substituted by Transport Act 1985 (c. 67, SIF 126), s. 3, Sch. 2 Pt. II para. 5(b)
F3Words substituted as provided by Transport Act 1985 (c. 67, SIF 126), s. 3, Sch. 2 para. 5(c)
F4Words substituted by Transport Act 1985 (c. 67, SIF 126), s. 3, Sch. 2 para. 5(d)
F5Words inserted by Transport Act 1985 (c. 67, SIF 126), s. 139(2), Sch. 7 para. 23(2)
F6Word substituted by Transport Act 1985 (c. 67, SIF 126), s. 3, Sch. 2 Pt. II para. 5(e)
F7S. 18(11) repealed (1.10.1992) by Tribunals and Inquiries Act 1992 (c. 53), ss. 18(2), 19(2), Sch. 4 PtI.
Marginal Citations