Summary proceedings to deal with litter

F1Appeals against litter clearing notices12B

1

A person on whom a litter clearing notice is served under Article 12A may appeal against it to a court of summary jurisdiction in accordance with the provisions of this Article.

2

An appeal under this Article shall be made within a period of 21 days beginning on the day on which the notice is served.

3

The grounds on which an appeal under this Article may be made are that—

a

there is a material defect or error in, or in connection with, the notice;

b

the notice should have been served on another person;

c

the land is not defaced by litter so as to be detrimental to the amenity of the locality;

d

the action required is unfair or unduly onerous.

4

A notice against which an appeal under this Article is made is of no effect pending the final determination or withdrawal of the appeal.

5

On the determination of an appeal under this Article, a court of summary jurisdiction must—

a

quash the notice;

b

modify the notice (including modifying it by extending the period specified in it); or

c

dismiss the appeal.