(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(c)such an approval is modified or withdrawn,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 [F2(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.
F3(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)Where a
magistrates’ court makes a decision on an appeal under subsection (1), an appeal to the Crown Court
[F4(a)]magistrates’ court makes a decision on an appeal under subsection (1), an appeal to the Crown Court, [F5or
(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(5)Where an application for the grant of an approval by way of a renewal is refused or an approval is withdrawn, the approval to which the application or withdrawal relates shall be deemed to remain in force—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
[F6(i)] the F7... magistrates’ court or the Crown Court may direct, pending an appeal from a determination made on an appeal to [F8the] 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.]
[F10(6)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.]
Textual Amendments
F1Word in s. 18(1) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 396(1)(2); S.I. 2005/910, art. 3(y)
F2Words in s. 18(1) inserted (30.6.2006 for S., 6.4.2007 for E.W.) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(6)(b), Sch. 15 para. 9(a); S.S.I. 2006/381, art. 2(a)(i); S.S.I. 2007/241, art. 2(a)
F3S. 18(3) repealed (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 396(1)(3), Sch. 10; S.I. 2005/910, art. 3(y)
F4Words in s. 18(4) renumbered as s. 18(4)(a) (30.6.2006 for S., 6.4.2007 for E.W.) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(6)(b), Sch. 15 para. 9(b); S.S.I. 2006/381, art. 2(a)(i); S.S.I. 2007/241, art. 2(a)
F5S. 18(4)(b) and word inserted (30.6.2006 for S., 6.4.2007 for E.W.) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(6)(b), Sch. 15 para. 9(b); S.S.I. 2006/381, art. 2(a)(i); S.S.I. 2007/241, art. 2(a)
F6Words in s. 18(5)(d) renumbered as s. 18(5)(d)(i) (30.6.2006 for S., 6.4.2007 for E.W.) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(6)(b), Sch. 15 para. 9(c); S.S.I. 2006/381, art. 2(a)(i); S.S.I. 2007/241, art. 2(a)
F7Word in s. 18(5)(d) repealed (1.4.2005) by Courts Act 2003 (c. 39), para. 396(4)(a), s. 110(1), Sch. 8 para., Sch. 10; S.I. 2005/910, art. 3(y)
F8Word in s. 18(5)(d) substituted (1.4.2005) by Courts Act 2003 (c. 39), para. 396(4)(b), s. 110(1), Sch. 8 para. 396(1); S.I. 2005/910, art. 3(y)
F9S. 18(5)(d)(ii) and word added (30.6.2006 for S., 6.4.2007 for E.W.) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(6)(b), Sch. 15 para. 9(c); S.S.I. 2006/381, art. 2(a)(i); S.S.I. 2007/241, art. 2(a)
F10S. 18(6) added (8.3.2009) by Justice and Security (Northern Ireland) Act 2007 (c. 6), ss. 48(6), 49(5); S.I. 2009/446, art. 2(1)(2)(b)
Commencement Information
I1S. 18 in force at 20.3.2006 by S.I. 2006/392, art. 2(d)
I2S. 18 in force at 6.4.2007 for S. by S.S.I. 2007/242, art. 3(a)
I3S. 18 in force at 1.5.2009 for N.I. by S.I. 2009/1058, art. 3