Regulation 16 Appropriate court for appeals against notices etc and further appealsE1

England, Wales and Scotland

(1)

In England and Wales or Northern Ireland the appropriate court for the purposes of regulations 14 and 15 is—

(a)

the court in which proceedings have been brought for an offence under regulations 12(1) or (3);

(b)

the court in which forfeiture proceedings have been brought under regulations 20 or 21; or

(c)

in any other case a magistrates' court in England and Wales or Northern Ireland.

(2)

In Scotland—

(a)

an application under regulations 14 and 15 may be made by summary application to the sheriff; and

(b)

the sheriff is the appropriate court for the purposes of regulations 14 and 15.

(3)

A person aggrieved by an order made by a magistrates' court in England, Wales or Northern Ireland M1 pursuant to an application under regulations 14 or 15 , or by a decision of such a court not to make such an order, may appeal against that order or decision—

(a)

in England and Wales, to the Crown Court;

(b)

in Northern Ireland, to the county court.

Annotations

Marginal citations

M1: In Scotland the making of, or refusal to make, an order by a sheriff is subject to appeal in accordance with sections 27 and 28 of the Sheriff Courts (Scotland) Act 1907 (c.51), as amended.

Extent

E1: This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only