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| Road
Traffic Act 1988 (c. 52) | | 1988
c. 52 - continued |
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SCHEDULE
3 | | Section
131. |
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Appeals
under Section 131 Against Decisions of the Registrar |
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1. On
an appeal under section 131 of this Act, the Registrar shall be made respondent. |
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2.—(1) The
Secretary of State shall refer every such appeal to a person, or two or three
persons, appointed by him to hold an inquiry and report to him.
(2) The
person or persons so appointed may be appointed either for the purposes of one
particular inquiry, or of inquiries into any such appeal that may be made to the
Secretary of State during such period as the Secretary of State may determine.
(3) No
person so appointed shall be an officer of the Secretary of State.
(4) The
Secretary of State may, for the purpose of any such inquiry, appoint up to three
assessors to advise the person or persons holding it on matters arising out of
it.
(5) The Secretary of State shall, before
making an order under section 131 of this Act, consider any report made to him
under this paragraph.
(6) The Secretary of
State shall pay to any person or persons holding inquiries under this paragraph
and to any assessors appointed under this paragraph such fees and such expenses,
if any, incurred by them as he may, with the approval of the Treasury, determine. |
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3.—(1) The
Secretary of State may by rules made by statutory instrument make provision as
to the procedure on an appeal under section 131 of this Act.
(2) In
particular, but without prejudice to the generality of sub-paragraph (1) above,
the rules may make provision— (a) prescribing
the form and contents of the notice of appeal, (b) enabling
the party to an appeal to appear at an inquiry held under this Schedule by counsel
or a solicitor or any person of such other description, if any, as may be specified
by the rules, (c) requiring
proceedings on any such inquiry to be held in public, except in so far as may
otherwise be provided by the rules, (d) defining
the functions of any assessors appointed by the Secretary of State. |
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4.—(1) The
Secretary of State may on an appeal under section 131 of this Act— (a) order
the appellant to pay the whole or part of the costs incurred by the Secretary
of State in connection with the appeal, or (b) direct
that the whole or part of the costs of the appellant incurred in connection with
the appeal shall be treated as part of the administrative expenses of the Secretary
of State. (2) The
Secretary of State may certify the amount of any such costs, and any amount so
certified and ordered to be paid by the appellant shall be recoverable from him. |
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5. Section
180 of this Act, in its application to an inquiry caused by the Secretary of State
to be held under paragraph 2 above, shall have effect as if subsection (1)(d)
were omitted. | |