Approved contractors

I1I2I318 Appeals relating to approvals

1

Where—

a

an application for an approval for the purposes of section 15 is refused,

b

conditions are included as conditions of such an approval, or

c

such an approval is modified or withdrawn,

the applicant or, as the case may be, the approved person may appeal to F1a magistrates’ court F5(in Scotland, to the sheriff) against the Authority’s decision to refuse to grant the approval, to include those conditions or, as the case may be, to modify or to withdraw the approval.

2

An appeal under subsection (1) must be brought before the end of the period of twenty-one days beginning with the day on which the decision appealed against was first notified to the appellant by the Authority.

F23

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4

Where a

magistrates’ court makes a decision on an appeal under subsection (1), an appeal to the Crown Court

F6a

magistrates’ court makes a decision on an appeal under subsection (1), an appeal to the Crown Court, F7or

b

the sheriff makes a decision on an appeal under that subsection, an appeal to the Sheriff Principal,

may be brought against that decision either by the Authority or by the person on whose appeal that decision was made.

5

Where an application for the grant of an approval by way of a renewal is refused or an approval is withdrawn, the approval to which the application or withdrawal relates shall be deemed to remain in force—

a

for the period during which an appeal may be brought under subsection (1);

b

for the period from the bringing of any such appeal until it is determined or abandoned;

c

for the period from any determination on appeal that an approval should be granted until effect is given to that determination, or it is overturned on a further appeal;

d

during any such period as

F8i

the F3... magistrates’ court or the Crown Court may direct, pending an appeal from a determination made on an appeal to F4the magistrates’ court, F9or

ii

the sheriff or the Sheriff Principal may direct pending an appeal from a determination made on an appeal to the sheriff.

F106

In the application of this section to Northern Ireland a reference to the Crown Court shall be taken as a reference to a county court.