9.—(1) After the completion of a re-examination of a vehicle, the approval authority may, as it thinks fit, repay to the appellant either the whole or part of the fee paid on the appeal, where it appears 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 approval authority 3 working days notice (whether in writing or otherwise) at the office at which the appeal was lodged that the vehicle is not to be submitted for re-examination at that time, or
(b)satisfies the approval authority 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 working days before that time and of which the appellant gives notice to the approval authority (whether in writing or otherwise) within 3 working days of the occurrence of those circumstances,
then, the fee payable shall be £100 and, unless another time is arranged for the re-examination, the balance of any sum previously paid in respect of the appeal shall be repaid to the appellant.