sec.140Procedure for suspension or cancellation

### sec.140 Procedure for suspension or cancellation If the chief executive considers a ground exists to suspend or cancel an authority under section 139 (the proposed action ), the chief executive must give the holder written notice that states the following— the proposed action; the grounds for the proposed action; the facts and circumstances forming the basis for the grounds; if the proposed action is suspension of the authority, the proposed suspension period; that the holder may make, within a stated time of at least 28 days, written representations to show why the proposed action should not be taken. If, after considering all written representations made within the stated time, the chief executive still considers a ground to take the proposed action exists, the chief executive may— if the proposed action was to suspend the authority for a stated period—suspend the authority for not longer than the proposed suspension period; or if the proposed action was to cancel the authority—either cancel the authority or suspend it for a period. The chief executive must inform the holder of the decision by written notice. The notice must be given within 10 days after the chief executive makes the decision. If the chief executive decides to suspend or cancel the authority, the notice must state— the reasons for the decision; and the holder may apply to the tribunal to have the decision reviewed; and how, and the time within which, the holder may apply to have the decision reviewed; and any right the holder has to have the operation of the decisions stayed. The chief executive must record particulars of the suspension or cancellation on the authority. This section does not apply to a provisional certificate. s 140 amd 2000 No. 59 s 151 sch 1 ; 2005 No. 40 s 46 ; 2009 No. 24 s 23 (sec.140-ssec.1) If the chief executive considers a ground exists to suspend or cancel an authority under section 139 (the proposed action ), the chief executive must give the holder written notice that states the following— the proposed action; the grounds for the proposed action; the facts and circumstances forming the basis for the grounds; if the proposed action is suspension of the authority, the proposed suspension period; that the holder may make, within a stated time of at least 28 days, written representations to show why the proposed action should not be taken. (sec.140-ssec.2) If, after considering all written representations made within the stated time, the chief executive still considers a ground to take the proposed action exists, the chief executive may— if the proposed action was to suspend the authority for a stated period—suspend the authority for not longer than the proposed suspension period; or if the proposed action was to cancel the authority—either cancel the authority or suspend it for a period. (sec.140-ssec.3) The chief executive must inform the holder of the decision by written notice. (sec.140-ssec.4) The notice must be given within 10 days after the chief executive makes the decision. (sec.140-ssec.5) If the chief executive decides to suspend or cancel the authority, the notice must state— the reasons for the decision; and the holder may apply to the tribunal to have the decision reviewed; and how, and the time within which, the holder may apply to have the decision reviewed; and any right the holder has to have the operation of the decisions stayed. (sec.140-ssec.6) The chief executive must record particulars of the suspension or cancellation on the authority. (sec.140-ssec.7) This section does not apply to a provisional certificate. - (a) the proposed action; - (b) the grounds for the proposed action; - (c) the facts and circumstances forming the basis for the grounds; - (d) if the proposed action is suspension of the authority, the proposed suspension period; - (e) that the holder may make, within a stated time of at least 28 days, written representations to show why the proposed action should not be taken. - (a) if the proposed action was to suspend the authority for a stated period—suspend the authority for not longer than the proposed suspension period; or - (b) if the proposed action was to cancel the authority—either cancel the authority or suspend it for a period. - (a) the reasons for the decision; and - (b) the holder may apply to the tribunal to have the decision reviewed; and - (c) how, and the time within which, the holder may apply to have the decision reviewed; and - (d) any right the holder has to have the operation of the decisions stayed.