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Paragraph 10 Enforcement of paragraph 9

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Where, on an application made as mentioned in sub-paragraph (2) below, the appropriate judicial authority is satisfied that a person has failed to comply with a requirement imposed by paragraph 9 above, the authority may order that person to comply with the requirement within such time and in such manner as may be specified in the order.

(2)

An application under sub-paragraph (1) above shall not be made except—

(a)

in the case of a failure to comply with any of the requirements imposed by paragraph 9(1) and (2) above—

(i)

by the occupier of the premises from which the thing in question was removed; or

(ii)

by the person who had custody or control of it immediately before it was so removed;

(b)

in any other case, by the person who had such custody or control.

(3)

In this paragraph “the appropriate judicial authority” means—

(a)

in England and Wales, a magistrates’ court;

(b)

in Scotland, the sheriff;

(c)

in Northern Ireland, a court of summary jurisdiction, as defined in Article 2(2)(a) of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) .

(4)

In England and Wales and Northern Ireland, an application for an order under this paragraph shall be made by way of complaint; and sections 21 and 42(2) of the InterpretationAct (Northern Ireland) 1954 (c. 33 (N.I.)) shall apply as if any reference in those provisions to any enactment included a reference to this paragraph.