37Suspension of non-emergency patient transport service licence

37 Suspension of non-emergency patient transport service licence

(1) The Secretary may suspend a non-emergency patient transport service licence as to all or any classes of non-emergency patient transport specified in the licence.

(2) Before imposing a suspension under this section, the Secretary must consider any written response given by the licence holder under section 36 within the period specified in that section.

(3) The Secretary must not suspend a licence under subsection (1) unless the Secretary is satisfied that—

(a) if the licence holder is an individual, the individual is not a fit and proper person; or

(b) if the licence holder is a body corporate, a director or officer of the body corporate who does or may exercise control over the service is not a fit and proper person; or

(c) as to the class or classes of transport to which the proposed suspension relates, the licence holder has failed to comply with—

(d) the licence holder is not financially viable; or

(e) if the licence holder is an individual, the individual has died.

(4) If a non-emergency patient transport service licence is suspended in respect of a class or classes of non-emergency patient transport specified in the licence, but not all of the classes of transport so specified, the licence continues to authorise the provision of the class or classes of transport in respect of which the licence has not been suspended.

(5) A suspension under this section must not be for a period of more than 6 months.

New s. 38 inserted by No. 29/2021 s. 22.