38.—(1) Any person who is aggrieved by an improvement notice may appeal to a magistrates' court or, in Scotland, to the sheriff.
(2) The procedure on an appeal to a magistrates' court under paragraph (1) is by way of complaint, and the Magistrates' Courts Act 1980(1) applies to the proceedings.
(3) An appeal to the sheriff under paragraph (1) is by summary application.
(4) The period within which an appeal may be brought is 28 days or the period specified in the improvement notice, whichever ends the earlier.
(5) An improvement notice must state—
(a)the right of appeal to a magistrates' court or to the sheriff; and
(b)the period within which such an appeal may be brought.
(6) A court may suspend an improvement notice pending an appeal.
Commencement Information
I1Reg. 38 in force at 1.10.2006, see reg. 1
1980 c. 43; sections 51 and 52 have been substituted by the Courts Act 2003 (c. 39), section 47.