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Betting, Gaming and Lotteries Act 1963

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This is the original version (as it was originally enacted).

23(1)Where, in the case of an appeal under paragraph 21 of this Schedule with respect to a betting office licence, the court of quarter sessions—

(a)has allowed the appeal; or

(b)has awarded the appropriate authority any costs under paragraph 22 of this Schedule and is satisfied that the appropriate authority cannot recover those costs,

the court shall order payment out of local funds of such sums as appear to the court sufficient to indemnify the appropriate authority from all costs and charges whatever to which they have been put in consequence of the appellant's having served notice of appeal.

(2)Costs payable out of local funds under this paragraph shall be paid—

(a)if the appropriate authority's area is a borough having a separate court of quarter sessions, out of the general rate fund of the borough ;

(b)in any other case, out of the county fund of the county in which the appropriate authority's area is situated.

(3)Sections 8 (1) and 11 (1) of the Costs in Criminal Cases Act 1952 (which make provision for payment out of local funds of costs ordered to be paid under that Act) shall apply to costs ordered to be paid under this paragraph as if any reference in those provisions to a county borough were a reference to a borough having a separate court of quarter sessions.

(4)An order of a court of quarter sessions under this paragraph may be made either at the sessions at which the appeal is heard, or at which it would have been heard if the appeal had been prosecuted, or at the next following sessions ; and the costs may be taxed either in or out of sessions.

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