Article 30C Appeal against imposition of control conditionsF1

(1)

A person aggrieved by a notice served on him under Article 30A may, by notice under Part 7 of the Magistrates' Courts (Northern Ireland) Order 1981, appeal to a court of summary jurisdiction.

(2)

An appeal under this Article must be brought within the period of 30 days beginning with the day on which the notice was served.

(3)

On an appeal under this Article, the court may—

(a)

cancel the notice;

(b)

confirm the notice without modification; or

(c)

confirm the notice with such modifications of the control conditions specified in the notice as the court thinks fit.

(4)

The power to modify control conditions on an appeal includes power to remove or amend the conditions or to substitute new conditions for existing conditions.

(5)

The decision of the court on an appeal under this Article is final.

(6)

Where an appeal is brought under this Article against a notice—

(a)

any control condition imposed by the notice by virtue of Article 30B(1)(e) or (f) has effect as if for the reference to the date on which the notice takes effect there were substituted reference to the date on which the appeal is determined or abandoned; and

(b)

the court may on the application of the appellant suspend the effect of any other control condition imposed by the notice pending a decision on the appeal.

Annotations

Textual amendments

F1: Arts. 30A-30F and preceding cross-heading inserted (3.10.2011) by Dogs (Amendment) Act (Northern Ireland) 2011 (c. 9), ss. 8, 18(1); S.R. 2011/332, art. 2, Sch.