Section 300 Appeals and applications to courts of summary jurisdiction.C10 C1 C2 C3 C4 C5 C6 C7 C8

(1)

Where any enactment in this Act provides—

(a)

for an appeal to a court of summary jurisdiction against a requirement, refusal or other decision of a council; or

(b)

for any matter to be determined by, or an application in respect of any matter to be made to, a court of summary jurisdiction,

the procedure shall be by way of complaint for an order, and the Summary Jurisdiction Acts shall apply to the proceedings.

C9(2)

The time within which any such appeal may be brought shall be twenty-one days from the date on which notice of the council’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 complaint shall be deemed to be the bringing of the appeal.

(3)

In any case where such an appeal lies, the document notifying to the person concerned the decision of the council in the matter shall state the right of appeal to a court of summary jurisdiction and the time within which such an appeal may be brought.

Annotations

Modifications

C1

Ss. 300, 301 amended by Water Act 1989 (c. 15, SIF 130), s. 69, Sch. 8 para. 1(2)(b) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 13(2)(3), 17, 40(4), 57(6), 58)

C2

S. 300 applied (coming into force in accordance with s. 1(2)-(4) of the amending Act) by 2002 c. i, s. 27(4) (with ss. 38,39)

C3

Ss. 300-302 extended (with modifications) (1.12.1991) by Water Industry Act 1991 (c. 56), ss. 106(7), 223(2) (with ss. 82(3), 117(5), 186(1), 219(3), 222(1), Sch. 13 paras. 1, 2, Sch. 14 para. 6).

Ss. 300-302 applied (with modifications) (1.12.1991) by Water Industry Act 1991 (c. 56), ss. 113(5), 223(2) (with ss. 82(3), 117(5), 186(1), 219(3), 222(1), Sch. 13 paras. 1, 2, Sch. 14 para. 6).

Ss. 300-301 applied (1.12.1991) by Water Industry Act 1991 (c. 56), ss. 180, 223(2), Sch. 12 para. 4(4)(5) (with ss. 82(3), 186(1), 222(1), Sch. 13 paras. 1, 2, Sch. 14 para. 6).

C4

S. 300 applied (with modifications) (20.9.2000) by 2000 c. vii, ss. 1(1), 19(9)-(11)

C5

S. 300 applied (with modifications) (13.7.2004) by London Local Authorities Act 2004 (c. i), ss. 1(1), 9, Sch. 1

C6

Ss. 300-302 applied (with modifications) (19.9.2007) by London Local Authorities Act 2007 (c. ii), s. 1(3), Sch. 1

C7

Ss. 300-302 applied (with modifications) (22.7.2008) by Transport for London Act 2008 (c. i), ss. 1(1), 38(4) (with ss. 38(9), 48)

C8

S. 300 modified (21.9.2008) by London Local Authorities and Transport for London Act 2008 (c. iii), ss. 1(2), 11(4), Sch. 1

C9

S. 300(2) excluded by Public Health Act 1961 (c. 64), s. 36(3)

C10

S. 300 extended by Local Government (Miscellaneous Provisions) Act 1976 (c. 57), s. 77(1) and Thermal Insulation (Industrial Buildings) Act 1957 (c. 40), s. 8(1) which 1957 Act has been repealed (E.W.) by S.I. 1985/4936, reg 3(2), Sch. 4

Notes on Part XII

Modifications

C1

Pt. XII extended and amended (Greater London) by London Government Act 1963 (c. 33), Sch. 11 Pt. I para. 24; amended by Health and Safety at Work etc. Act 1974 (c. 37), s. 76(1)

C2

Functions of the Minister of Housing and Local Government under Pt. XII in relation to or in consequence of ss. 25, 37, 38, 43, 53-55, 59(1), 60 (so far as it relates to proposed buildings), 61-67, 69-71, 137 now exercisable by Secretary of State: S.I. 1964/263, art. 2(2), Sch. Pt. II and S.I. 1970/1681, art. 2(1)

C3

Functions of the Minister of Housing and Local Government under Pt. XII in relation to s. 59(2)–(4) or s. 60 (so far as it relates to buildings other than proposed buildings) now exercisable by Secretary of State: S.I. 1964/263, art. 3

C4

References to local authorities and their districts in Pt.XII so far as it relates to ss. 15-24, 27-31, 33-36, 42 to be construed respectively as references to water authorities and their areas: Water Act 1973 (c. 37), s. 14(2)

C5