Paragraph 39

for subsection (1) there shall be substituted the following subsection:—

“(1)

Where the Minister gives a decision in proceedings on an appeal—

(a)

under Part II of the Act of 1968 against an enforcement notice: or

(b)

under Part IV of Schedule 5 to that Act against an enforcement notice under section 44 of that Act,

the appellant or the local planning authority or any person (other than the appellant) on whom the notice was served may, according as rules of court may provide, either appeal to the High Court against the decision on a point of law or require the Minister to state and sign a case for the opinion of the High Court.”;

subsection (2) shall be omitted ; and

in subsection (3), for the words " in either of the preceding subsections " there shall be substituted the words " in subsection (1) of this section ".