87.—(1) Section 159(8)(a) of the 2006 Act M1 (national disqualification) is to have effect as if the reference to “two years” were a reference to “five years”, if the First-tier Tribunal determines, when it imposes the national disqualification, that the conduct of the person on whom the national disqualification has been imposed has been such that there is no realistic prospect of a review being successful if held within five years.
(2) Section 159(8)(b) of the 2006 Act is to have effect as if the reference to “one year” were a reference to “three years”, if the First-tier Tribunal determines, on a review, that the conduct of the person on whom the national disqualification has been imposed has been such that there is no realistic prospect of a further review being successful if held within three years.
(3) Section 159(8) of the 2006 Act is to have effect as if the references to “two years” and “one year”—
(a)in a case where—
(i)a national disqualification has been imposed as a consequence of a criminal conviction, and
(ii)on appeal, the conviction has been quashed or the penalty imposed by the court has been reduced; or
(b)in a case where—
(i)a national disqualification has been imposed as a consequence of an adverse decision of a licensing body, and
(ii)on appeal, the decision of the licensing body has been quashed or the penalty imposed by it has been reduced,
were a reference to a period equal to the period between the date on which that appeal was determined and the date on which the national disqualification was imposed or last reviewed.
Marginal Citations
M1Section 159 has been amended by the Health and Social Care Act 2012, Schedule 4, paragraph 85, and by S.I. 2010/22.