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Charities Act 2006

Commentary on Sections

Section 62: Appeals against decisions of local authority

225.This section sets out, in subsections (1), (2), and (3) the rights of appeal to magistrates’ courts against local authority decisions. It builds on the provisions of section 71 of the 1992 Act.

226.Subsections (4) and (5) provide that the proceedings are subject to the Magistrates’ Courts Act 1980, and set out the timetable for the appeal. Subsection (6) provides for an appeal against the decision of the magistrates’ court to the Crown Court. Subsections (7) and (8) provide the remedies available to the magistrates’ court or the Crown Court in such appeals. Subsection (9) places a local authority under a duty to comply with the directions of the court, although in the case of directions given by the magistrates’ court this is stayed until the time for bringing an appeal to the Crown Court has expired, or any appeal before the Crown Court has been concluded.

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