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Mines and Quarries (Tips) Act 1969

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This is the original version (as it was originally enacted).

28" The court " in England and Wales

(1)Subject to the following provisions of this section, in the application of this Part of this Act in England and Wales,' " the court" means the High Court.

(2)With the consent of the local authority which served a notice or copy of a notice under section 14, an application for the variation or cancellation of the notice under section 15 may be brought in the county court; and with the consent of the person on whom notice of an application under section 19 is served, an application under that section may be made in the county court.

(3)Where, in any proceedings to which this subsection applies, the amount relevant to those proceedings does not exceed the limit for the time being imposed on the jurisdiction of a county court under paragraph (b) of section 40(1) of the County Courts Act 1959 (money recoverable by statute), proceedings to which this subsection applies may be begun in the county court instead of in the High Court.

(4)The proceedings to which subsection (3) applies are those specified in paragraphs (a) to (e) below and the amounts relevant to any such proceedings are as follows:—

(a)in proceedings under section 16(4), the amount claimed by the owner of the disused tip from the local authority under that section;

(b)in proceedings to determine the amount of any compensation under section 20, the amount claimed by way of compensation;

(c)in proceedings for the variation of a demand served on a contributory under section 21, the amount claimed by way of contribution;

(d)in proceedings for the variation or cancellation of a demand served on the owner of a disused tip or a contributory under section 23, the amount claimed by the local authority from the owner or the contributory, as the case may be; and

(e)in proceedings for the variation or cancellation of a demand served on a contributory under paragraph 6(2) of Schedule 2 to this Act, the amount claimed by way of contribution.

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