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8. (1) A council shall—
(a)if it determines that an applicant for a safety certificate is not a qualified person, serve on him a notice stating its determination;
(b)if it determines that a person to whom it is proposed in an application under Article 7(5) to transfer a safety certificate is not a qualified person serve on him a notice stating its determination;
and a person on whom such a notice is served may appeal against the determination to the court.
(2) An applicant for a special safety certificate may also appeal to the court against a refusal of his application on grounds other than a determination that he is not a qualified person.
(3) An interested party may appeal to the court against—
(a)the inclusion of anything in, or the omission of anything from, a safety certificate; or
(b)the refusal of the council to amend or replace a safety certificate.
(4) Any appeal to the court under this Article shall be brought—
(a)in accordance with Part VII of the Magistrates' Courts (Northern Ireland) Order 1981 (NI 26); and
(b)within the period prescribed under Article 19(1)(c).
(5) Subject to paragraph (6), if a council serves a notice under paragraph (1) on any applicant for a safety certificate, he shall be deemed to have withdrawn his application on the expiry of the period within which an appeal against the council’s determination must, by virtue of paragraph (4)(b), be brought.
(6) Paragraph (5) shall not have effect if an appeal is brought before the expiry of the period there mentioned, but if the appeal is withdrawn or the court upholds the council’s determination, the appellant shall be deemed to have withdrawn his application on the date of the withdrawal of his appeal or of the court’s determination.
(7) Where an appeal is brought 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 bringing of the appeal shall not have the effect of suspending the operation of the term or condition.
(8) The council or an interested party may appeal to the county court against an order of the court under this Article.
(9) In this Article “interested party” means—
(a)the holder of the safety certificate;
(b)any other person who is or may be concerned in ensuring compliance with the terms and conditions of the safety certificate;
(c)the Chief Constable; or
(d)the Fire Authority.
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Explanatory Memorandum sets out a brief statement of the purpose of a Northern Ireland Order in Council and provides information about its policy objective and policy implications. They aim to make the Order accessible to readers who are not legally qualified and accompany any Northern Ireland Order in Council made since 2002.
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