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17.—(1) An operator who has a permit cancelled under regulation 16(1) may appeal against the decision to cancel the permit on the ground that the Secretary of State made an error of fact or law in making that decision.
(2) An appeal under paragraph (1) may be made to—
(a)a traffic commissioner if the operator has—
(i)a licence issued to an operator under the Goods Vehicles (Licensing of Operators) Act 1995, or
(ii)no operator’s licence, but has in Great Britain their principal place of business for which the permit was required, or
(b)the Upper Tribunal(1) if the operator has—
(i)a licence issued to an operator under the Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010, or
(ii)no operator’s licence, but has in Northern Ireland their principal place of business for which the permit was required.
(3) The traffic commissioner or the Upper Tribunal, as the case may be, may in relation to an appeal under paragraph (1)—
(a)confirm the Secretary of State’s decision to cancel the permit, or
(b)quash the decision.
The Upper Tribunal was established by section 3(2) of the Tribunal, Courts and Enforcement Act 2007 (c. 15). Information on appealing to the Upper Tribunal is available at www.gov.uk/administrative-appeals-tribunal. The procedure for the Upper Tribunal is enacted in the Tribunal Procedure (Upper Tribunal) Rules 2008 (S.I. 2008/2698).
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