S.L. 65.18 Art. 66Termination of authorisation.

(1) An authorisation of an individual as an operator will automatically cease to have effect if the person -

(a) dies;

(b) becomes a patient in a mental hospital; or

(c) is convicted of an offence affecting public trust.

(2) An authorisation of a partnership as an operator will automatically cease to have effect if -

(a) the partnership is dissolved; or

(b) one or more partners is or are, as the case may be, convicted of an offence affecting public trust: Provided that the non-convicted partner or partners shall be eligible to apply for an authorisation in their individual capacity, or as a new partnership without the convicted partner or partners.

(3) An authorisation of a company as an operator will automatically cease to have effect if, in relation to the company -

(a) a winding-up order is made;

(b) a resolution for voluntary winding-up is passed;

(c) a receiver or manager of the company’s undertaking is appointed; or

(d) the taking of possession, by or on behalf of the holders of any debenture secured by a floating charge, or of any property of the company comprised in or subject to the charge, occurs.

(4) An authorised operator may at any time give notice to the Authority stating that, after such date as may be specified in the notice, that authorised operator does not propose to continue to act as an authorised operator under any of the authorisations granted or under such authorisation as may be specified in the notice, and any authorisation to which the said notice relates shall cease to have effect on the date so specified in relation to it:

Provided that in the case where an operator opts to cease to operate the motoring school for a period of time not exceeding one calendar month in any particular calendar year the operator shall seek prior approval by the Authority, and approval shall be granted by the Authority if it is satisfied that reasonable grounds exist for temporary closure: Provided further that where an operator ceases to operate the motoring school without permission from the Authority or beyond the term allowed, the Authority may revoke the operator’s authorisation.

(5) The Authority may at any time and on reasonable grounds suspend, withdraw or revoke an authorisation to operate a motoring school by giving an operator notice in writing containing the reasons for such suspension, withdrawal or revocation:

Provided that unless there exist gross acts of misconduct or negligence or any other serious grounds for immediate suspension, withdrawal or revocation, the operative date of such notice shall be not less than twenty-eight days from the date of notification.

(6) An authorisation in respect of which a notice is given shall, unless it is cancelled before that date, cease to have effect on the date specified in the notice.

(7) Where the Authority decides to suspend, withdraw or revoke an authorisation to operate a motoring school, it shall give the operator concerned notice in writing setting out the reasons for its intention to do so.

(8) The notice provided for in sub-regulation (7) shall state that the operator concerned may, within ten days from service thereof, make representations in writing to the Authority giving reasons why the authorisation shall not be suspended or revoked and the Authority shall consider any representations so made before arriving at a final decision.

(9) The Authority shall notify in writing its final decision to the operator concerned who shall have the right to appeal to the Administrative Justice Tribunal within a period of thirty days from notification of the Authority’s decision: Provided that the suspension of the authorisation shall have immediate effect notwithstanding any appeal therefrom.

(10) A decision of the Authority to revoke an authorisation shall not become final until the expiration of the period within which an appeal may be made under this regulation and, if an appeal is made within such period, the decision shall become final on the date of the decision of the Tribunal dismissing the appeal or the date on which the appeal is abandoned, if this is the case.

(11) Upon the termination or revocation of an authorisation as an operator of a motoring school, any person previously qualifying as an operator who opts to re-apply for authorisation shall make a fresh application and the Authority shall be furnished afresh with any information and documents which are to be supplied with any new application.