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SCHEDULES

SCHEDULE 4E+W+S Control of Off-Street Parking

Part IIIE+W+S Rights of Appeal

18(1)On an appeal being brought under this Part of this Schedule from a decision of the local authority, the Secretary of State may either dismiss the appeal or substitute for that decision such other decision, as he thinks fit; and, subject to sub-paragraph (2) below, the decision of the Secretary of State on the appeal shall be final and shall be binding both on the appellant and on the local authority, and the local authority shall take such steps as may be necessary to give effect to any such substituted decision.E+W+S

(2)Subsection (1) of [F1section 11 of the M1Tribunals and Inquiries Act 1992](which relates to appeals on points of law from decisions of certain tribunals) shall apply to a decision of the Secretary of State on an appeal under this Part of this Schedule as it applies to a decision of any of the tribunals mentioned in that subsection, but as if the reference to any party to proceedings before such a tribunal were a reference to the local authority or any person who had, or if aggrieved would have had, a right to appeal to the Secretary of State under this Part of this Schedule, whether or not he has exercised that right; and accordingly references in subsections (1) [F1and (4)]of that section to a tribunal shall be construed in relation to such an appeal as references to the Secretary of State.

Textual Amendments

F1Words in Sch. 4 para. 18(2) substituted (1.10.1992) by Tribunals and Inquiries Act 1992 (c. 53), ss. 18(1), 19(2), Sch. 3 para.15.

Marginal Citations