Motor Vehicle Sales Act 2003

Ban ordered by court

69 Power to ban certain persons from participating in business of motor vehicle trading

(1)

The District Court may, on the application of any person, make an order banning any person from participating in the business of motor vehicle trading if—

(a)

both of the following circumstances apply:

(i)

the person has been convicted of a specified offence but is not banned from participating in the business of motor vehicle trading under section 68; and

(ii)

the District Court considers that the person is not a fit and proper person to participate in that business; or

(b)

the District Court considers that there is sufficient evidence to indicate that the person is not a fit and proper person to participate in the business of motor vehicle trading.

(2)

Every application to the District Court under this section must be made by an originating application.

(3)

A ban under this section has effect from the date on which the order is made even though an appeal may have been lodged under section 72.

(4)

An order may be—

(a)

made even though the person concerned may be criminally liable for the matters on the grounds of which the order is to be made; and

(b)

for a specified time; and

(c)

subject to the terms and conditions that the District Court thinks fit; and

(d)

cancelled or varied at any time by the District Court.

(5)

As soon as practicable after an order is made, the Registrar of the District Court must send a copy of the order to the Registrar.

Section 69(1): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 69(2): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).