C15C16 Part XIIC17C18C19C20C21C22C23C24C25 General

Annotations:
Modifications etc. (not altering text)
C15

Pt. XII (ss. 271-347) modified (7.8.1991) by S.I. 1991/1773, art. 8, Sch.2.

C16

Pt. 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)

C17

Pt. 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)

C18

Functions 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)

C19

Functions 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

C20

References 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)

C21

Pt. XII (ss. 271–347) extended by Highways Act 1980 (c. 66, SIF 59), s. 166(4)

C23

Power to apply conferred (E.W.) by Housing Act 1988 (c. 50, SIF 61), s. 68(1)(c)

C25

Pt. XII (ss. 271-347) modified (1.10.1992) by S.I. 1991/2913, art. 8, Sch.2.

Appeals and other applications to courts of summary jurisdiction, and appeals to quarter sessions

C2C3C4C5C26C27C28C29300 Appeals and applications to courts of summary jurisdiction. C1

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.

C62

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.

C8C9C10C28301 Appeals to quarter sessions against decisions of justices. C7

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.

C12C13C14C28302 Effect of decision of court upon an appeal. C11

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.