- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
27.—(1) A person who is aggrieved by a decision taken by a district council—
(a)to refuse to grant an approval for a factory vessel or fishery products establishment;
(b)to impose any limitation or condition in an approval granted for a factory vessel or fishery products establishment; or
(c)to refuse to register an auction or wholesale market,
may appeal to a court of summary jurisdiction, and Article 37(2) to (3) of the Order shall apply in relation to such an appeal as it applies in relation to an appeal under Article 37(1)(c) of the Order.
(2) Where an appeal against a limitation as to the particular activities approved, the method of operation approved or the intensity of use approved is brought in accordance with paragraph (1)(b), the appellant may continue to operate the factory vessel or fishery products establishment free of the limitation which is being appealed against while the appeal is pending, and an appeal shall be regarded as pending for these purposes until it is finally disposed of, is struck out for want of prosecution or is withdrawn.
(3) Where an appeal is brought in accordance with paragraph (1), the court may—
(a)affirm any decision to refuse to grant an approval or to register;
(b)grant an application for registration;
(c)grant an approval either in its original form or with such modifications as the court may in the circumstances think fit;
(d)remit the matter to the district council with the court’s opinion on it; or
(e)make such other order in relation to the matter as the court thinks fit.
The Whole Rule you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Rule you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Rule you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include: