Modifications etc. (not altering text)
C1Pt. XII (ss. 271-347) modified (7.8.1991) by S.I. 1991/1773, art. 8, Sch.2.
C2Pt. XII (ss. 271-347) applied (1.12.1991) by Water Industry Act 1991 (c. 56), ss. 115(8), 223(2) (with ss. 82(3), 117(5), 186(1), 219(3), 222(1), Sch. 13 paras. 1, 2, Sch. 14 para. 6).
Pt. XII (ss. 271-347) applied (with modifications)(E.W.)(27.8.1993) by 1993 c. 11, ss. 24(1)-(3), (with s. 66(1), Sch. 3 para. 2)
C3Pt. XII extended and amended (Greater London) by London Government Act 1963 (c. 33), Sch. 11 Pt. I para. 24; amended by Health and Safety at Work etc. Act 1974 (c 37), s. 76(1)
C4Functions of the Minister of Housing and Local Government under Pt. XII in relation to or in consequence of ss. 25, 37, 38, 43, 53-55, 59(1), 60 (so far as it relates to proposed buildings), 61-67, 69-71, 137 now exercisable by Secretary of State: S.I. 1964/263, art. 2(2), Sch. Pt. II and 1970/1681, art. 2(1)
C5Functions of the Minister of Housing and Local Government under Pt. XII in relation to s. 59(2)–(4) or s. 60 (so far as it relates to buildings other than proposed buildings) now exercisable by Secretary of State: S.I. 1964/263, art. 3
C6References to local authorities and their districts in Pt.XII so far as it relates to ss. 15-24, 27-31, 33-36, 42 to be construed respectively as references to water authorities and their areas: Water Act 1973 (c. 37), s. 14(2)
C7Pt. XII (ss. 271–347) extended by Highways Act 1980 (c. 66, SIF 59), s. 166(4)
C8Pt. XII amended by Housing and Building Control Act 1984 (c. 29, SIF 61), s. 60(1)
C9Power to apply conferred (E.W.) by Housing Act 1988 (c. 50, SIF 61), s. 68(1)(c)
C10Pt. XII modified by Water Act 1989 (c. 15, SIF 130), s. 69, Sch. 8 paras. 3(7), 4(6) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 13(2)(3), 17, 40(4), 57(6), 58)
C11Pt. XII (ss. 271-347) modified (1.10.1992) by S.I. 1991/2913, art. 8, Sch.2.
(1)Where any enactment in this Act provides—
(a)for an appeal to a court of summary jurisdiction against a requirement, refusal or other decision of a council; or
(b)for any matter to be determined by, or an application in respect of any matter to be made to, a court of summary jurisdiction,
the procedure shall be by way of complaint for an order, and the Summary Jurisdiction Acts shall apply to the proceedings.
(2)The time within which any such appeal may be brought shall be twenty-one days from the date on which notice of the council’s requirement, refusal or other decision was served upon the person desiring to appeal, and for the purposes of this subsection the making of the complaint shall be deemed to be the bringing of the appeal.
(3)In any case where such an appeal lies, the document notifying to the person concerned the decision of the council in the matter shall state the right of appeal to a court of summary jurisdiction and the time within which such an appeal may be brought.
Modifications etc. (not altering text)
C12S. 300 extended by Local Government (Miscellaneous Provisions) Act 1976 (c. 57), s. 77(1) and Thermal Insulation (Industrial Buildings) Act 1957 (c. 40), s. 8(1) which 1957 Act has been repealed (E.W.) by S.I. 1985/4936, reg 3(2), Sch. 4
C13Ss. 300, 301 amended by Water Act 1989 (c. 15, SIF 130), s. 69, Sch. 8 para. 1(2)(b) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 13(2)(3), 17, 40(4), 57(6), 58)
C14S. 300 applied (coming into force in accordance with s. 1(2)-(4) of the amending Act) by 2002 c. i, s. 27(4) (with ss. 38,39)
C15Ss. 300-302 extended (with modifications) (1.12.1991) by Water Industry Act 1991 (c. 56), ss. 106(7), 223(2) (with ss. 82(3), 117(5), 186(1), 219(3), 222(1), Sch. 13 paras. 1, 2, Sch. 14 para. 6).
Ss. 300-302 applied (with modifications) (1.12.1991) by Water Industry Act 1991 (c. 56), ss. 113(5), 223(2) (with ss. 82(3), 117(5), 186(1), 219(3), 222(1), Sch. 13 paras. 1, 2, Sch. 14 para. 6).
Ss. 300-301 applied (1.12.1991) by Water Industry Act 1991 (c. 56), ss. 180, 223(2), Sch. 12 para. 4(4)(5) (with ss. 82(3), 186(1), 222(1), Sch. 13 paras. 1, 2, Sch. 14 para. 6).
C16S. 300 applied (with modifications) (20.9.2000) by 2000 c. vii, ss. 1(1), 19(9)-(11)
C17S. 300 applied (with modifications) (13.7.2004) by London Local Authorities Act 2004 (c. i), ss. 1(1), 9, Sch. 1
C18Ss. 300-302 applied (with modifications) (19.9.2007) by London Local Authorities Act 2007 (c. ii), s. 1(3), Sch. 1
C19Ss. 300-302 applied (with modifications) (22.7.2008) by Transport for London Act 2008 (c. i), ss. 1(1), 38(4) (with ss. 38(9), 48)
C20S. 300(2) excluded by Public Health Act 1961 (c. 64), s. 36(3)
Subject as hereinafter provided, where a person aggrieved by any order, determination or other decision of a court of summary jurisdiction under this Act is not by any other enactment authorised to appeal to [F1the Crown Court] he may appeal to such a court:
Provided that nothing in this section shall be construed as conferring a right of appeal from the decision of a court of summary jurisdiction in any case if each of the parties concerned might under this Act have required that the dispute should be determined by arbitration instead of by such a court.
Textual Amendments
F1Words substituted by virtue of Courts Act 1971 (c. 23), s. 56(2), Sch. 9 Pt. I
Modifications etc. (not altering text)
C19Ss. 300-302 applied (with modifications) (22.7.2008) by Transport for London Act 2008 (c. i), ss. 1(1), 38(4) (with ss. 38(9), 48)
C21S. 301 extended by Local Government (Miscellaneous Provisions) Act 1976 (c. 57), s. 77(1) and Thermal Insulation (Industrial Buildings) Act 1957 (c. 40), s. 8(1) which 1957 Act has been repealed (E.W.) by S.I. 1985/4936, reg 3(2), Sch. 4
C22Ss. 300, 301 amended by Water Act 1989 (c. 15, SIF 130), s. 69, Sch. 8 para. 1(2)(b) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 13(2)(3), 17, 40(4), 57(6), 58)
C23S. 301 applied (coming into force in accordance with s. 1(2)-(4) of the amending Act) by 2002 c. i, s. 27(4) (with ss. 38, 39 )
C24Ss. 300-302 extended (with modifications) (1.12.1991) by Water Industry Act 1991 (c. 56), ss. 106(7), 223(2) (with ss. 82(3), 117(5), 186(1), 219(3), 222(1), Sch. 13 paras. 1, 2, Sch. 14 para. 6).
Ss. 300-302 applied (with modifications) (1.12.1991) by Water Industry Act 1991 (c. 56), ss. 113(5), 223(2) (with ss. 82(3), 117(5), 186(1), 219(3), 222(1), Sch. 13 paras. 1, 2, Sch. 14 para. 6).
Ss. 300-301 applied (1.12.1991) by Water Industry Act 1991 (c. 56), ss. 180, 223(2), Sch. 12 para. 4(4)(5) (with ss. 82(3), 186(1), 222(1), Sch. 13 paras. 1, 2, Sch. 14 para. 6).
Where upon an appeal under this Act a court varies or reverses any decision of a council, it shall be the duty of the council to give effect to the order of the court and, in particular, to grant or issue any necessary consent, certificate or other document, and to make any necessary entry in any register.
Modifications etc. (not altering text)
C19Ss. 300-302 applied (with modifications) (22.7.2008) by Transport for London Act 2008 (c. i), ss. 1(1), 38(4) (with ss. 38(9), 48)
C25S. 302 extended by Local Government (Miscellaneous Provisions) Act 1976 (c. 57), s. 77(1) and Thermal Insulation (Industrial Buildings) Act 1957 (c. 40), s. 8(1) which 1957 Act has been repealed (E.W.) by S.I. 1985/4936, reg 3(2), Sch. 4
C26S. 302 amended by Water Act 1989 (c. 15, SIF 130), s. 69, Sch. 8 para. 1(2)(b) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 13(2)(3), 17, 40(4), 57(6), 58)
C27S. 302 applied (coming into force in accordance with s. 1(2)-(4) of the amending Act) by 2002 c. i, s. 27(4) (with s. 38,39)
C28Ss. 300-302 extended (with modifications) (1.12.1991) by Water Industry Act 1991 (c. 56), ss. 106(7), 223(2) (with ss. 82(3), 117(5), 186(1), 219(3), 222(1), Sch. 13 paras. 1, 2, Sch. 14 para. 6).
Ss. 300-302 applied (with modifications) (1.12.1991) by Water Industry Act 1991 (c. 56), ss. 113(5), 223(2) (with ss. 82(3), 117(5), 186(1), 219(3), 222(1), Sch. 13 paras. 1, 2, Sch. 14 para. 6).