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(1)A person whose application for a service permit is refused may appeal against the refusal.
(2)A person who is granted a service permit with conditions may appeal against the attaching of the conditions or any of them.
(3)A person to whose service permit conditions are attached after the service permit is granted may appeal against the attaching of the conditions or any of them.
(4)A person whose service permit is revoked or suspended may appeal against the revocation or suspension.
(5)An appeal under subsection (1), (2), (3) or (4) is to be made to a traffic commissioner.
(6)On an appeal under subsection (1), (2), (3) or (4), a traffic commissioner may—
(a)uphold the decision,
(b)quash the decision, or
(c)substitute a decision for the decision made.
(7)The Secretary of State may by regulations make provision about appeals under this section including, in particular, provision—
(a)as to the time within which an appeal to a traffic commissioner must be brought,
(b)enabling a traffic commissioner to hold a hearing,
(c)requiring a traffic commissioner to hold a hearing if requested by the appellant,
(d)as to the time within which a hearing must be held, and
(e)as to the time within which an appeal must be determined.
(8)A person may appeal to the Upper Tribunal against a decision of a traffic commissioner under subsection (6).
(9)For the purposes of section 13(2) of the Tribunals, Courts and Enforcement Act 2007 (appeals to Court of Appeal etc against decisions of the Upper Tribunal) the following persons are to be treated as parties to a case—
(a)the person who appealed under subsection (1), (2), (3) or (4),
(b)the franchising authority or authorities whose decision was appealed, and
(c)a traffic commissioner.]
Textual Amendments
F1Ss. 123A-123X and cross-heading inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), ss. 4, 26(3)
Modifications etc. (not altering text)
C1Pt. 2: functions made exercisable (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 15(1)
C2Pt. 2: transfer of functions (2.11.2018) by The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018 (S.I. 2018/1133), arts. 1, 7 (with art. 28)
C3Pt. 2 functions made exercisable (2.11.2018) by The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018 (S.I. 2018/1133), arts. 1, 9 (with art. 28)
C4Ss. 123A-123X: functions transferred (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 15(2)
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