Section 103 Procedure on appeal or application to appropriate court or tribunal.F7

(1)

Where this Act provides—

(a)

for an appeal to a magistrates’ court against a requirement, refusal or other decision of a local authority, or

(b)

for a matter to be determined by, or for an application in respect of a matter to be made to, a magistrates’ court,

the procedure shall be by way of complaint for an order.

F1(1A)

Subsections (2) and (3) apply—

(a)

where this Act provides for an appeal to the tribunal against a requirement, refusal or other decision of a relevant authority, and

(b)

in relation to an appeal of a kind mentioned in subsection (1)(a).

(2)

The time within which such an appeal may be brought is 21 days from the date on which notice of the F2relevant authority’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 F3application or complaint is deemed to be the bringing of the appeal.

(3)

In a case where such an appeal lies, the document notifying to the person concerned the F4relevant authority’s decision in the matter shall state the right of appeal to F5the appropriate court or tribunal and the time within such an appeal may be brought.

F6(4)

In this section “relevant authority” means a local authority or the regulator.

Annotations

Textual amendments

F1: S. 103(1A) inserted (1.10.2023 except in relation to W., 6.4.2024 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 6 para. 25(2); S.I. 2023/993, reg. 2(o)(i) (with reg. 6); S.I. 2024/207, reg. 2(d)(xii) (with regs. 3, 4, 8-12)
F2: Word in s. 103(2) substituted (1.10.2023 except in relation to W., 6.4.2024 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 6 para. 25(3)(a); S.I. 2023/993, reg. 2(o)(i) (with reg. 6); S.I. 2024/207, reg. 2(d)(xii) (with regs. 3, 4, 8-12)
F3: Words in s. 103(2) inserted (1.10.2023 except in relation to W., 6.4.2024 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 6 para. 25(3)(b); S.I. 2023/993, reg. 2(o)(i) (with reg. 6); S.I. 2024/207, reg. 2(d)(xii) (with regs. 3, 4, 8-12)
F4: Word in s. 103(3) substituted (1.10.2023 except in relation to W., 6.4.2024 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 6 para. 25(4); S.I. 2023/993, reg. 2(o)(i) (with reg. 6); S.I. 2024/207, reg. 2(d)(xii) (with regs. 3, 4, 8-12)
F5: Words in s. 103(3) substituted (1.10.2023 except in relation to W., 6.4.2024 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 6 para. 9(s); S.I. 2023/993, reg. 2(o)(i) (with reg. 6); S.I. 2024/207, reg. 2(d)(xii) (with regs. 3, 4, 8-12)
F6: S. 103(4) inserted (1.10.2023 except in relation to W., 6.4.2024 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 6 para. 25(5); S.I. 2023/993, reg. 2(o)(i) (with reg. 6); S.I. 2024/207, reg. 2(d)(xii) (with regs. 3, 4, 8-12)
F7: Words in s. 103 heading substituted (1.10.2023 except in relation to W., 6.4.2024 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 6 para. 25(6); S.I. 2023/993, reg. 2(o)(i) (with reg. 6); S.I. 2024/207, reg. 2(d)(xii) (with regs. 3, 4, 8-12)