Section 59 Appeal against disqualificationI1

United Kingdom

(1)

A person who is disqualified by virtue of section 57 may, after giving notice to the appropriate Minister of his intention to do so, appeal to the appropriate court against the disqualification.

(2)

The appropriate court is—

(a)

in relation to England and Wales, a magistrates' court F1...,

(b)

in relation to Scotland, the sheriff within whose jurisdiction the applicant resides,

(c)

in relation to Northern Ireland, a court of summary jurisdiction F2....

(3)

The appeal must be made before the end of the period of 21 days beginning with the day on which the notice under section 57 is given to the applicant.

(4)

But the appropriate Minister may make regulations substituting a longer period for the period for the time being mentioned in subsection (3).

(5)

If the appropriate court is satisfied that section 57 does not apply to the applicant’s case, it must allow the appeal.

(6)

Otherwise it must dismiss the appeal.

(7)

Where on an appeal against the disqualification the appeal is allowed, the court by which the appeal is allowed must send notice of that fact to the appropriate Minister.

(8)

The notice must—

(a)

be sent in such manner and to such address, and

(b)

contain such particulars,

as the appropriate Minister may determine.

Annotations

Textual amendments

F1: Words in s. 59(2)(a) omitted (1.4.2005) by virtue of Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 1, Sch. para. 97
F2: Words in s. 59(2)(c) repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 122, Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)

Commencement

I1: S. 59 in force at 28.1.2010 for specified purposes by S.I. 2008/3009, art. 2(1)(2)(a)(4)

Notes on Part 3

Modifications

C1: Pt. 3: transfer of functions (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 5 Pt. 2 (with art. 9(2))

Notes on Chapter 1

Textual amendments

F1: Pt. 3 Ch. 1 heading substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), ss. 31(2), 95(1) (with Sch. 7 para. 27); S.I. 2017/189, art. 3