§ 40 — Appeal to Minister

40.—(1) Any licensee aggrieved by —(a)

any licence condition imposed by the LTA under section 34(2) or (3);

(b)

any modification of the conditions of its licence under section 35;

(c)

any direction given by the LTA under section 37;

(d)

any decision made by the LTA under section 39(1)(i) or (ii);

(e)

any confirmed provisional order under section 38; or

(f)

the refusal of the LTA to renew its licence,

may, within 14 days after the receipt of the notice relating to the relevant matter, appeal to the Minister.

(2) Except as provided in subsection (3) or section 35(5) or unless the Minister otherwise directs, where an appeal is lodged by a licensee under this section, the licensee must continue to comply with any licence condition, direction, decision, confirmed provisional order or refusal being appealed against, until the determination of the appeal.

(3) If any such appeal is made in relation to a provision of a notice under section 39(1)(ii) requiring the payment of a financial penalty and the financial penalty would be payable before the time when the appeal is determined, it need not be paid until that time.

(4) The Minister may determine an appeal under this section by confirming, varying or reversing any decision of the LTA, or by amending any licence condition, direction, or confirmed provisional order, affecting the licensee.

(5) The decision of the Minister on appeal is final.

(6) In deciding on an appeal under this section, the Minister may consult the relevant bilateral committee for the railway concerned, but is not bound by the opinion of the bilateral committee.

(7) In subsections (1) and (2), a reference to licensee includes a former licensee if the decision appealed against is the cancellation of a licence or refusal to renew a licence.

—(1) Any licensee aggrieved by —(a)

any licence condition imposed by the LTA under section 34(2) or (3);

(b)

any modification of the conditions of its licence under section 35;

(c)

any direction given by the LTA under section 37;

(d)

any decision made by the LTA under section 39(1)(i) or (ii);

(e)

any confirmed provisional order under section 38; or

(f)

the refusal of the LTA to renew its licence,

may, within 14 days after the receipt of the notice relating to the relevant matter, appeal to the Minister.

(2) Except as provided in subsection (3) or section 35(5) or unless the Minister otherwise directs, where an appeal is lodged by a licensee under this section, the licensee must continue to comply with any licence condition, direction, decision, confirmed provisional order or refusal being appealed against, until the determination of the appeal.

(3) If any such appeal is made in relation to a provision of a notice under section 39(1)(ii) requiring the payment of a financial penalty and the financial penalty would be payable before the time when the appeal is determined, it need not be paid until that time.

(4) The Minister may determine an appeal under this section by confirming, varying or reversing any decision of the LTA, or by amending any licence condition, direction, or confirmed provisional order, affecting the licensee.

(5) The decision of the Minister on appeal is final.

(6) In deciding on an appeal under this section, the Minister may consult the relevant bilateral committee for the railway concerned, but is not bound by the opinion of the bilateral committee.

(7) In subsections (1) and (2), a reference to licensee includes a former licensee if the decision appealed against is the cancellation of a licence or refusal to renew a licence.