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The Magistrates' Courts (Northern Ireland) Order 1981

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PART VIIN.I.APPEALS AND APPLICATIONS TO COURTS OF SUMMARY JURISDICTION

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Proceedings to be commenced by noticeN.I.

76.  (1)  Where an enactment—

(a)provides for an appeal to be made to a court of summary jurisdiction and neither that enactment nor magistrates' courts rules provide for the procedure to be adopted on such appeal; or

(b)authorises an application for a licence, permit, certificate or other authorisation or for the removal of a disqualification or disability to be made to a magistrates' court and either that enactment or magistrates' courts rules direct that the provisions of this Part shall apply; or

(c)authorises an application to a magistrates' court for the disposal, destruction or forfeiture of property;

such appeal or application shall be initiated by notice under this Part.

(2) A notice under this Part shall be served at such time as may be prescribed before the date upon which the appeal or application is to be made upon—

(a)the clerk of the petty sessions acting for the court to which the appeal or application is to be made;

(b)in the case of an appeal from any decision or determination of a public or local authority, that authority, and any other party to the appeal and any person by whom or on whose behalf representations were made to the authority in respect of the subject-matter of the decision or determination;

(c)any such person as may be prescribed.

(3) The court shall hear—

(a)the appellant or applicant;

(b)any evidence relevant to the appeal or application;

(c)any person (other than the clerk of petty sessions) served with notice under this Part or entitled to be heard on the appeal or application who opposes it and asks to be heard on it; and

(d)any relevant evidence that person may adduce.

(4) Without prejudice to the foregoing provisions of this Article the court may direct that a copy of the notice be served upon any person whom the court may consider a proper person to be served.

(5) A magistrates' court may in any case where the public interest requires an immediate order for the destruction of property dispense with the service of a notice under paragraph (2) and order immediate destruction of the property in accordance with the enactment under which the order is made.

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