Direct Service Logistics Ltd: [2024] UKUT 386 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Mitchell on 22 November 2024
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Judicial Summary
The Office of the Transport Commissioner바카라 사이트™s practice of informing standard licence holders, in Proposal to Revoke (PTR) letters given for the purposes of section 27 of the Goods Vehicles (Licensing of Operators) Act 1995, that, absent a request for an inquiry, the operator바카라 사이트™s licence will be revoked anticipates an unlawful decision-making process. Section 27(3) provides that an operator바카라 사이트™s licence may not be revoked without considering any representations duly made in response to a PTR letter. An operator바카라 사이트™s failure to request an inquiry does not permit a Traffic Commissioner to disapply section 27(3).
A Traffic Commissioner has no power to grant a time-limited stay of a regulatory decision. The duration of a stay is set by Parliament in section 29(2) and (3) of the 1995 Act and a Traffic Commissioner may not lawfully stay a regulatory decision for some other period.