Prospective
89Procedural and administrative mattersE+W+S
(1)A permit may be varied, renewed, suspended or withdrawn in such circumstances as are specified in regulations made by the appropriate national authority.
(2)The appropriate national authority may, by regulations, make provision about the procedure to be followed in connection with the grant, retention, renewal, expiry, variation, suspension or withdrawal of a permit.
(3)Regulations under subsection (2) may, in particular, make provision about—
(a)the form and content of an application for a permit (or for the renewal of a permit);
(b)fees payable in respect of—
(i)an application for a permit (or for the renewal of a permit), or
(ii)the grant, retention or renewal a permit;
(c)the notification of decisions;
(d)reviews of, or appeals against, decisions.
(4)If fees are made payable as mentioned in subsection (3)(b)(ii), the amount of such a fee may be determined by reference to any costs incurred, or likely to be incurred, by the appropriate national authority in connection with any function under this Part (whether or not directly related to what the fee is for).
(5)But a given amount of costs (or likely costs) may not be taken into account more than once in determining amounts of fees under this Part.
(6)The appropriate national authority may, by regulations, set a maximum period for which a permit may be valid.
(7)The appropriate national authority may, by regulations, provide for its functions under any provision made by or under this Part to be exercisable by a traffic commissioner instead of, or in addition to, the appropriate national authority.
(8)Regulations under subsection (7) made by the Scottish Ministers or the Welsh Ministers—
(a)if they apply to a function in respect of which a fee is payable, must also apply to the function of charging and receiving that fee;
(b)if they apply to the function of issuing a notice under paragraph 1 or 2 of Schedule 6 (compliance notices and monetary penalty notices), must also apply to the functions under paragraph 4 of that Schedule (costs notices) so far as exercisable in connection with the first function.
(9)Money received by a traffic commissioner as a result of regulations under subsection (7) must, unless subsection (10) applies, be paid into the Consolidated Fund in such manner as the Treasury may direct.
(10)Money received by a traffic commissioner under paragraph 2(2) of Schedule 6 (monetary penalties) as a result of regulations under subsection (7) made by the Scottish Ministers or the Welsh Ministers must be paid to those Ministers.
Commencement Information
I1S. 89 not in force at Royal Assent, see s. 99(1)