C5C6C37C38C42 Part III ADMINISTRATION AND ENFORCEMENT

Annotations:
Modifications etc. (not altering text)
C5

Pts. I-III (ss. 1-39): functions transferred (10.1.1992) by S.I. 1991/2913, art. 8, Sch. 2

Pts. I-III (ss. 1-39): certain functions transferred (7.8.1991) by S.I. 1991/1773, art. 8(1)(3), Sch. 2

C6

Pts. I-III (ss. 1-39) applied (with modifications) (7.8.1991) by S.I. 1991/1773, art. 8(2)(3), Sch. 2

C42

Pt. III applied (with modifications) (E.) (24.3.2011) by The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 9, Sch. 2

Appeals

37 Appeals to magistrates’ court or sheriff.

1

Any person who is aggrieved by—

a

a decision of an authorised officer of an enforcement authority to serve an improvement notice;

b

a decision of an enforcement authority to refuse to issue such a certificate as is mentioned in section 11(6) or 12(8) above; or

C1c

subject to subsection (2) below, a decision of such an authority to refuse, cancel, suspend or revoke a licence required by regulations under Part II of this Act,

may appeal to a magistrates’ court or, in Scotland, to the sheriff.

2

Subsection (1)(c) above shall not apply in relation to any decision as respects which regulations under Part II of this Act provide for an appeal to a tribunal constituted in accordance with the regulations.

C2C3C8C13C11C15C18C23C20C26C29C31C33C35C393

The procedure on an appeal to a magistrates’ court under subsection (1) above, or an appeal to such a court for which provision is made by regulations under Part II of this Act, shall be by way of complaint for an order, and the M1Magistrates’ Courts Act 1980 shall apply to the proceedings.

C2C4C7C10C14C25C284

An appeal to the sheriff under subsection (1) above, or an appeal to the sheriff for which provision is made by regulations under Part II of this Act, shall be by summary application.

C2C4C3C7C9C12C10C13C19C16C14C21C25C24C27C32C30C28C34C36C405

The period within which such an appeal as is mentioned in subsection (3) or (4) above may be brought shall be—

a

one month from the date on which notice of the decision was served on the person desiring to appeal; or

b

in the case of an appeal under subsection (1)(a) above, that period or the period specified in the improvement notice, whichever ends the earlier;

and, in the case of such an appeal as is mentioned in subsection (3) above, the making of the complaint shall be deemed for the purposes of this subsection to be the bringing of the appeal.

C2C4C3C7C9C12C10C13C19C14C17C22C25C24C27C32C30C28C34C36C416

In any case where such an appeal as is mentioned in subsection (3) or (4) above lies, the document notifying the decision to the person concerned shall state—

a

the right of appeal to a magistrates’ court or to the sheriff; and

b

the period within which such an appeal may be brought.

38 Appeals to Crown Court.

A person who is aggrieved by—

a

any dismissal by a magistrates’ court of such an appeal as is mentioned in section 37(3) above; or

b

any decision of such a court to make a prohibition order or an emergency prohibition order, or to exercise the power conferred by section 35(4) above,

may appeal to the Crown Court.

39 Appeals against improvement notices.

1

On an appeal against an improvement notice, the court may either cancel or affirm the notice and, if it affirms it, may do so either in its original form or with such modifications as the court may in the circumstances think fit.

2

Where, apart from this subsection, any period specified in an improvement notice would include any day on which an appeal against that notice is pending, that day shall be excluded from that period.

3

An appeal shall be regarded as pending for the purposes of subsection (2) above until it is finally disposed of, is withdrawn or is struck out for want of prosecution.