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- Original (As enacted)
This is the original version (as it was originally enacted).
(1)Subject to subsection (2) below, if a local authority serve a notice under section 5(1) above on any person—
(a)when he is an applicant for a safety certificate, he shall be deemed to have withdrawn his application, and
(b)when he is the holder of a safety certificate, he shall be deemed to have surrendered it,
on the expiry of the period within which, by virtue of regulations under section 6 above, notice of an appeal against the authority's determination may be given.
(2)Subsection (1) above shall not have effect if notice of appeal is given before the expiry of the period there mentioned, but if the notice is withdrawn or the Secretary of State upholds the authority's determination, the appellant shall be deemed to have withdrawn his application or surrendered his certificate on the date of the withdrawal of his notice of appeal or of the Secretary of State's determination.
(3)Where notice is given of an appeal against the inclusion of any term or condition in a safety certificate (whether it was included in the certificate originally or only on its amendment or replacement), the operation of that term or condition shall be suspended, subject to subsection (4) below, until the Secretary of State has determined the appeal.
(4)If the court is satisfied, on an application made by the local authority, that, pending the determination of an appeal, a term or condition the operation of which is suspended ought to be made immediately effective for the reasonable safety of persons at the stadium, the court may order that it shall be effective pending that determination.
(5)An application under subsection (4) above shall be made in England and Wales by complaint, and in Scotland by summary application.
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