§ 52 — Directions affecting licensees

52.—(1) The LTA may give a direction to a licensee for or in respect of —(a)

the safety of customers and any other person in connection with undertaking a regulated activity authorised by the licensee’s licence; or

(b)

any matter affecting the interests of the public in connection with the regulated activity undertaken by the licensee.

(2) A direction given under subsection (1) —(a)

may require the licensee concerned (according to the circumstances of the case) to do, or to refrain from doing, for a specified period, things specified in the direction or things that are of a description specified in the direction, including refusing to provide EV charging services in respect of any particular customer;

(b)

takes effect at such time, being the earliest practicable time, as is determined by or under that direction; and

(c)

may be revoked at any time by the LTA.

(3) A direction under this section continues in force until the earlier of the following occurs:(a)

the expiry date (if any) stated in the direction is reached;

(b)

the LTA revokes the direction.

(4) Before exercising any powers under subsection (1), the LTA must, unless the LTA in respect of any particular direction considers that it is not practicable or desirable, give written notice to the licensee concerned —(a)

stating that the LTA intends to give a direction to the licensee under this section and the nature of the direction; and

(b)

specifying the time (being at least 7 days after the date of service of notice on the licensee) within which written representations may be made to the LTA with respect to the proposed direction.

(5) However, subsection (4) does not apply where the LTA, in respect of any particular direction, considers that it is not practicable or desirable to comply with that subsection.

(6) The LTA may, after considering any written representation made pursuant to subsection (4)(b), decide to give or not to give the direction as the LTA considers appropriate.

(7) The LTA must serve on the licensee concerned a notice of its decision under subsection (6).

(8) Where the LTA gives written notice to the licensee under subsection (4) and the licensee fails to make written representations to the LTA on or by the date mentioned in subsection (4)(b), the LTA must, on a date that is not more than 28 days after the date on which written representations were to have been made by under subsection (4)(b), give to the licensee the direction mentioned in subsection (4)(a).

(9) Every licensee must comply with every direction given under this section to the licensee as soon as it takes effect.

(10) No civil or criminal liability is incurred by the licensee, or an officer, employee or agent of the licensee, for doing or omitting to do any act, if the act is done or omitted to be done with reasonable care and in good faith and for the purpose of complying with or giving effect to a direction given under this section.

—(1) The LTA may give a direction to a licensee for or in respect of —(a)

the safety of customers and any other person in connection with undertaking a regulated activity authorised by the licensee’s licence; or

(b)

any matter affecting the interests of the public in connection with the regulated activity undertaken by the licensee.

(2) A direction given under subsection (1) —(a)

may require the licensee concerned (according to the circumstances of the case) to do, or to refrain from doing, for a specified period, things specified in the direction or things that are of a description specified in the direction, including refusing to provide EV charging services in respect of any particular customer;

(b)

takes effect at such time, being the earliest practicable time, as is determined by or under that direction; and

(c)

may be revoked at any time by the LTA.

(3) A direction under this section continues in force until the earlier of the following occurs:(a)

the expiry date (if any) stated in the direction is reached;

(b)

the LTA revokes the direction.

(4) Before exercising any powers under subsection (1), the LTA must, unless the LTA in respect of any particular direction considers that it is not practicable or desirable, give written notice to the licensee concerned —(a)

stating that the LTA intends to give a direction to the licensee under this section and the nature of the direction; and

(b)

specifying the time (being at least 7 days after the date of service of notice on the licensee) within which written representations may be made to the LTA with respect to the proposed direction.

(5) However, subsection (4) does not apply where the LTA, in respect of any particular direction, considers that it is not practicable or desirable to comply with that subsection.

(6) The LTA may, after considering any written representation made pursuant to subsection (4)(b), decide to give or not to give the direction as the LTA considers appropriate.

(7) The LTA must serve on the licensee concerned a notice of its decision under subsection (6).

(8) Where the LTA gives written notice to the licensee under subsection (4) and the licensee fails to make written representations to the LTA on or by the date mentioned in subsection (4)(b), the LTA must, on a date that is not more than 28 days after the date on which written representations were to have been made by under subsection (4)(b), give to the licensee the direction mentioned in subsection (4)(a).

(9) Every licensee must comply with every direction given under this section to the licensee as soon as it takes effect.

(10) No civil or criminal liability is incurred by the licensee, or an officer, employee or agent of the licensee, for doing or omitting to do any act, if the act is done or omitted to be done with reasonable care and in good faith and for the purpose of complying with or giving effect to a direction given under this section.