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(4) In the case of an appeal in relation to an application of which, in accordance with paragraph 2(1), 3B(1) or 5(1) of this Schedule, notice was required to be given to a commissioner of police, notice of that appeal shall be given to that commissioner as well as to any other person to whom it is required to be given apart from this sub-paragraph.

(5) Where any licence is renewed under paragraph 1, 3A or 4 of this Schedule and the Council specify any term, condition or restriction which was not previously specified in relation to that licence, the licence shall be deemed to be free of it until the time for bringing an appeal under this paragraph has expired and, if such an appeal is duly brought, until the determination or abandonment of the appeal.

19AA (1) The following provisions of this paragraph shall have effect as respects cases where an appeal under paragraph 19 of this Schedule is brought, within the period for doing so, against the revocation of a licence (“a revocation case”) or against the refusal of an application for renewal of a licence (“a refusal case”).

(2) If the appeal is not determined before the prospective expiry date, the licence shall not be deemed to remain in force under paragraph 19(3) of this Schedule after that date, and the appeal shall be deemed to be abandoned on that date, unless before then—

(a) in a revocation case, the appellant makes an application for the renewal of the licence for a period of twelve months starting on the day following the prospective expiry date;

(b) in a refusal case the appellant pays the council a continuation fee.

(3) Where a continuation fee is paid in pursuance of sub-paragraph (2)(b) of this paragraph, the appellant’s refused application for renewal shall be deemed to be an application for renewal for a period of twelve months starting on the day following the prospective expiry date.

(4) If the appeal is not determined before the date of the expiry of the renewal period under sub-paragraph (2)(a) or (3) of this paragraph, as the case may be, the licence shall not be deemed to remain in force under paragraph 19(3) of this Schedule after that date, and the appeal shall be deemed to be abandoned on that date, unless before then the appellant pays the council a continuation fee or, as the case may be, a further continuation fee.

(5) Where a continuation fee or a further continuation fee is paid in pursuance of sub-paragraph (4) of this paragraph, the appellant’s application for renewal or, as the case may be, refused application for renewal shall be deemed to be an application for renewal for a period starting on the day following the date of the expiry of the renewal period under sub-paragraph (2)(a) or, as the case may be, sub-paragraph (3) of this paragraph.

(6) A deemed application for renewal under sub-paragraph (5) shall be for a period expiring—

(a) where the appeal is withdrawn, on the date of withdrawal;

(b) where the appeal is unsuccessful—

(i) if a further appeal is available but is not made within the period for doing so, on the date of the expiry of that period;

(ii) if no further appeal is available, on the date of the decision of the court;

(c) where the appeal is successful, on the day before the date of the next anniversary of the beginning of the period; provided that where the period, at the time of the decision of the court, has been running for more than twelve months, the court may specify an earlier date.

(7) In this paragraph—

• “the prospective expiry date” means—

  (a)

  in a revocation case, the date on which the licence would have expired if it had not been revoked; and

  (b)

  in a refusal case, the date of the expiry of the period in respect of which the refused application for renewal of the licence was made;

• “a continuation fee” is a fee of the same amount as the fee payable in respect of an application for renewal of a licence.

Interpretation

19A In this Schedule “controlled drugs” has the same meaning as in the [1971 c. 38.] Misuse of Drugs Act 1971.”

Section 48.

SCHEDULE 2 Amendments to section 4 (Penalty charge notices under Part II) of and Schedule 1 (Enforcement notices, etc., under Part II (Bus lanes) of this Act) to the London Local Authorities Act 1996

1 In subsection (2) of section 4, after “with respect to a vehicle” the words “, by the owner of the vehicle,” are inserted.

2 In paragraph 1 of Schedule 1—

(a) in sub-paragraph (1)(a) the words “or paragraph 4(1) below” are left out;

(b) at the end of sub-paragraph (b) the word “and” is left out;

(c) sub-paragraph (1)(c) is left out;

(d) at the end of sub-paragraph (i) the word “or” is left out;

(e) paragraph (ii) is left out.

3 In paragraph 2 of Schedule 1—

(a) in the heading the words “penalty charge notice or” are left out;

(b) in sub-paragraph (1) the words “a penalty charge notice has been served under section 4 (Penalty charge notices under Part II) of this Act, or paragraph 4(1) below or a person on whom” are left out;

(c) in sub-paragraph (3) the words “penalty charge notice or” are left out;

(d) in sub-paragraph (4)(a) the words from the beginning to “enforcement notice was served” are left out;

(e) after sub-paragraph (4)(b) insert “; or”;

(f) the following sub-paragraph is substituted for sub-paragraph (4)(c)—

“(c) that at the time the alleged breach of such order or regulations took place the person who was in control of the vehicle was in control of the vehicle without the consent of the owner.”;

(g) sub-paragraphs (7), (8) and (9) are left out.

4 In sub-paragraphs 3(1)(a) and 3(1)(b) of Schedule 1 the words “penalty charge notice or” are left out.

5 In sub-paragraph 3(2) of Schedule 1 the words “a penalty charge notice or” where they appear the first time are replaced by the word “an”.

6 Paragraph 4 of Schedule 1 is left out.

7 In paragraph 8 of Schedule 1—

(a) in sub-paragraph (1) the words “a penalty charge notice or” are replaced by the word “an”;

(b) sub-paragraph (2) is left out.

8 In paragraph 11 of Schedule 1 the words “a penalty charge notice or” are replaced by the word “an”.