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Zoo Licensing Act 1981

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18 Appeals.E

[F1(1)A person aggrieved by—

(a)the refusal to grant a licence;

(b)any condition attached to a licence;

(c)any variation or cancellation of a condition;

(d)the refusal to approve the transfer of a licence;

(e)a direction under section 13(8)(c) or 16A(2) or any variation of such a direction;

(f)a zoo closure direction;

(g)the refusal to approve a plan prepared under section 16E(2);

(h)a direction under section 16E(6) or any variation of such a direction; or

(i)any arrangements under section 16E(7) or (8),

may appeal to a magistrates’ court acting for the petty sessions area in which the zoo is situated.]

(2)Any such appeal shall be brought within [F2twenty-eight] days from the date on which the person wishing to appeal receives written notification of the authority’s decision [F3as to the matter in question]; but an appeal may be brought under this section whether or not the authority’s decision was made in pursuance of a direction of the Secretary of State under this Act.

(3)On an appeal under this section to a magistrates’ court, the court may confirm, vary or reverse the local authority’s decision and generally give such directions as it thinks proper, having regard to the provisions of this Act.

(4)On an appeal under this section to the sheriff, he shall have power (without prejudice to any other power which he may have) to confirm, vary or reverse the local authority’s decision and to award such expenses as he thinks fit.

(5)The procedure on an appeal to a magistrates’ court under this section shall be by way of complaint for an order, and the M1Magistrates’ Courts Act 1980 shall apply to the proceedings.

(6)The decision of the sheriff on an appeal under this section shall be final.

(7)In so far as a condition attached to a licence (whether on its grant or later), or the variation of a condition, imposes a requirement on the holder of the licence to carry out works he would not otherwise be required to carry out, the condition or the variation shall not have effect—

(a)during the period within which the holder is entitled to appeal against the attachment or variation, or

(b)where such an appeal is brought within that period, during the period before the appeal is determined or abandoned.

[F4(7A)An alteration to a licence under section 16(1B) has effect—

(a)if an appeal is brought under this section within the time mentioned in subsection (2), and the authority’s decision is confirmed or varied, on the day following the day on which the appeal is determined, or on such other day as the court directs;

(b)if an appeal is brought under this section within the time mentioned in subsection (2) but is subsequently abandoned, on the day following the day on which the appeal is abandoned, or on such other day as the court directs; or

(c)if no appeal is brought within the time mentioned in subsection (2), on the expiration of that time.]

[F5(8)Subsection (9) applies to the following directions—

(a)a direction under section 16A(2)(d) which requires the zoo or a section of it to be closed to the public;

(b)a direction under section 13(8)(c), 16A(2) or 16E(6) which imposes a requirement on the operator of the zoo to carry out works he would not otherwise be required to carry out; and

(c)a direction under section 13(8)(c) or 16E(6) which imposes a requirement to dispose of any animals or any variation of such a direction.

(9)A direction to which this subsection applies shall not have effect—

(a)during the period within which the holder is entitled to appeal against it; or

(b)where such an appeal is brought within that period, during the period before the appeal is determined or abandoned.

(10)A zoo closure direction has effect—

(a)if an appeal is brought under this section within the time mentioned in subsection (2), and the authority’s decision is confirmed or varied, on the day following the day on which the appeal is determined, or on such other day as the court directs;

(b)if an appeal is brought under this section within the time mentioned in subsection (2) but is subsequently abandoned, on the day following the day on which the appeal is abandoned, or on such other day as the court directs; or

(c)if no appeal is brought within the time mentioned in subsection (2), on the expiration of that time.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Extent Information

E1This version of this provision extends to England only; separate versions have been created for Scotland only and Wales only

Amendments (Textual)

F1S. 18(1) substituted (E.) (8.1.2003) by S.I. 2002/3080, regs. 1(1), 2, 23(a)

F2Words in s. 18(2) substituted (E.) (8.1.2003) by S.I. 2002/3080, regs. 1(1), 2, 23(b)(i)

F3Words in s. 18(2) substituted (E.) (8.1.2003) by S.I. 2002/3080, regs. 1(1), 2, 23(b)(ii)

F4S. 18(7A) inserted (E.) (8.1.2003) by S.I. 2002/3080, regs. 1(1), 2, 23(c)

F5S. 18(8)-(10) substituted (E.) (8.1.2003) for s. 18(8)(9) by S.I. 2002/3080, regs. 1(1), 2, 23(d)

Modifications etc. (not altering text)

Marginal Citations

18 Appeals.W

(1)A person aggrieved by the refusal to grant a licence, by any condition attached to a licence, by any variation or cancellation of a condition or by the revocation of a licence may appeal—

(a)in England and Wales, to a magistrates’ court acting for the petty sessions area in which the zoo is situated;

(b)in Scotland, by summary application to the sheriff.

(2)Any such appeal shall be brought within twenty-one days from the date on which the person wishing to appeal receives written notification of the authority’s decision to refuse to grant a licence, to revoke a licence, to attach a condition (whether on the grant of the licence or later) or to vary or cancel a condition, as the case may be; but an appeal may be brought under this section whether or not the authority’s decision was made in pursuance of a direction of the Secretary of State under this Act.

(3)On an appeal under this section to a magistrates’ court, the court may confirm, vary or reverse the local authority’s decision and generally give such directions as it thinks proper, having regard to the provisions of this Act.

(4)On an appeal under this section to the sheriff, he shall have power (without prejudice to any other power which he may have) to confirm, vary or reverse the local authority’s decision and to award such expenses as he thinks fit.

(5)The procedure on an appeal to a magistrates’ court under this section shall be by way of complaint for an order, and the M2Magistrates’ Courts Act 1980 shall apply to the proceedings.

(6)The decision of the sheriff on an appeal under this section shall be final.

(7)In so far as a condition attached to a licence (whether on its grant or later), or the variation of a condition, imposes a requirement on the holder of the licence to carry out works he would not otherwise be required to carry out, the condition or the variation shall not have effect—

(a)during the period within which the holder is entitled to appeal against the attachment or variation, or

(b)where such an appeal is brought within that period, during the period before the appeal is determined or abandoned.

(8)A licence revoked under section 17 shall be deemed to continue in force—

(a)if no appeal is brought under this section within the time mentioned in subsection (2), until the expiration of the period of six months commencing with the expiration of that time; or

(b)if an appeal is so brought, until the determination or abandonment of the appeal (but without prejudice to the licence continuing in force further by virtue of the court’s or sheriff’s decision or of subsection (9)).

(9)If, on an appeal brought under this section, the court or the sheriff confirms a revocation under section 17, the licence shall be deemed to continue in force for a further period of six months commencing with the date of the confirmation.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Extent Information

E2This version of this provision extends to Wales only; separate versions have been created for England only and Scotland only

Marginal Citations

18 Appeals.S

(1)A person aggrieved by the refusal to grant a licence, by any condition attached to a licence, by any variation or cancellation of a condition or by the revocation of a licence may appeal—

(a)in England and Wales, to a magistrates’ court acting for the petty sessions area in which the zoo is situated;

(b)in Scotland, by summary application to the sheriff.

(2)Any such appeal shall be brought within twenty-one days from the date on which the person wishing to appeal receives written notification of the authority’s decision to refuse to grant a licence, to revoke a licence, to attach a condition (whether on the grant of the licence or later) or to vary or cancel a condition, as the case may be; but an appeal may be brought under this section whether or not the authority’s decision was made in pursuance of a direction of the Secretary of State under this Act.

(3)On an appeal under this section to a magistrates’ court, the court may confirm, vary or reverse the local authority’s decision and generally give such directions as it thinks proper, having regard to the provisions of this Act.

(4)On an appeal under this section to the sheriff, he shall have power (without prejudice to any other power which he may have) to confirm, vary or reverse the local authority’s decision and to award such expenses as he thinks fit.

(5)The procedure on an appeal to a magistrates’ court under this section shall be by way of complaint for an order, and the M3Magistrates’ Courts Act 1980 shall apply to the proceedings.

(6)The decision of the sheriff on an appeal under this section shall be final.

(7)In so far as a condition attached to a licence (whether on its grant or later), or the variation of a condition, imposes a requirement on the holder of the licence to carry out works he would not otherwise be required to carry out, the condition or the variation shall not have effect—

(a)during the period within which the holder is entitled to appeal against the attachment or variation, or

(b)where such an appeal is brought within that period, during the period before the appeal is determined or abandoned.

(8)A licence revoked under section 17 shall be deemed to continue in force—

(a)if no appeal is brought under this section within the time mentioned in subsection (2), until the expiration of the period of six months commencing with the expiration of that time; or

(b)if an appeal is so brought, until the determination or abandonment of the appeal (but without prejudice to the licence continuing in force further by virtue of the court’s or sheriff’s decision or of subsection (9)).

(9)If, on an appeal brought under this section, the court or the sheriff confirms a revocation under section 17, the licence shall be deemed to continue in force for a further period of six months commencing with the date of the confirmation.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Extent Information

E3This version of this provision extends to Scotland only; separate versions have been created for England only and Wales only

Marginal Citations

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