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(a)an application for an approval for the purposes of section 15 is refused,
(b)conditions are included as conditions of such an approval, or
(c)such an approval is modified or withdrawn,
the applicant or, as the case may be, the approved person may appeal to the appropriate magistrates’ court against the Authority’s decision to refuse to grant the approval, to include those conditions or, as the case may be, to modify or to withdraw the approval.
(2)An appeal under subsection (1) must be brought before the end of the period of twenty-one days beginning with the day on which the decision appealed against was first notified to the appellant by the Authority.
(3)For the purposes of subsection (1) the appropriate magistrates’ court is the magistrates’ court for the petty sessions area in which is situated, as the case may be—
(a)the address for the appellant that has been supplied for the purpose of being recorded (if an approval is granted) in the register maintained under section 14; or
(b)the address for the appellant that is for the time being recorded in that register.
(4)Where a magistrates’ court makes a decision on an appeal under subsection (1), an appeal to the Crown Court may be brought against that decision either by the Authority or by the person on whose appeal that decision was made.
(5)Where an application for the grant of an approval by way of a renewal is refused or an approval is withdrawn, the approval to which the application or withdrawal relates shall be deemed to remain in force—
(a)for the period during which an appeal may be brought under subsection (1);
(b)for the period from the bringing of any such appeal until it is determined or abandoned;
(c)for the period from any determination on appeal that an approval should be granted until effect is given to that determination, or it is overturned on a further appeal;
(d)during any such period as the appropriate magistrates’ court or the Crown Court may direct, pending an appeal from a determination made on an appeal to that magistrates’ court.
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Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
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