Valid from 01/02/2001
[F1F210(1)Regulations shall make provision—E+W+S
(a)enabling the traffic commissioner to hold a hearing before determining an application by virtue of paragraph 9,
(b)requiring him to hold a hearing if requested by a person who claims to be the owner,
(c)as to the time within which the hearing must be held, and
(d)subject to such provision as may be made by the regulations, for the hearing to be held in public.
(2)Regulations shall also provide that, if no hearing is held, the traffic commissioner must determine the application within a prescribed time after receiving notice of the application.
(3)Regulations shall provide that—
(a)if the traffic commissioner determines that one of the grounds prescribed by virtue of paragraph 9(3) is made out, he must order the person specified in a direction by virtue of paragraph 6(1) to return the goods vehicle to the owner;
(b)if the traffic commissioner determines that none of those grounds is made out, the vehicle may be sold or destroyed by the person specified, in such manner as may be prescribed.]
Textual Amendments
F1 Sch. 1A inserted (1.2.2001) by 2000 c. 38 , s. 262(2) , Sch. 30 ; S.I. 2001/57 , art. 3 Sch. 2 Pt. I
F2Sch. 1A inserted (1.2.2001) by 2000 c. 38, s. 262(2), Sch. 30; S.I. 2001/57, art. 3, Sch. 2 Pt. I as amended by S.I 2001/115, art. 2