The Motor Vehicles (Approval) (Fees) Regulations 2001

Provisions as to fees on appeal

8.—(1) After the completion of a re-examination of a vehicle for the purposes of an appeal, the Secretary of State may, as he thinks fit, repay to the appellant either the whole or part of the fee paid on the appeal, where it appears to him that there were substantial grounds for contesting the whole or part of the determination against which the appeal was made.

(2) If the appellant—

(a) has before the time appointed for such a re-examination given the Secretary of State two clear days notice (whether in writing or otherwise) at the office at which his appeal was lodged that he does not propose to submit the vehicle for re-examination at that time; or

(b) satisfies the Secretary of State that the vehicle cannot or, as the case may be, could not be submitted for re-examination at the time appointed because of exceptional circumstances occurring not more than 5 days before that time and of which the appellant gives notice to the Secretary of State (whether in writing or otherwise) within 3 days of the occurrence of those circumstances,

then, unless another time is arranged for the re-examination, the appeal shall be treated as one in respect of which no fee is payable and any sum previously paid in respect of that appeal shall be repaid to the appellant.