Paragraph 4 Appeals against enforcement and prohibition notices

United Kingdom

(1)

Any person who is aggrieved by an enforcement or prohibition notice may appeal to a magistrates’ court or, in Scotland, to the sheriff.

(2)

The procedure on an appeal to a magistrates’ court is by way of complaint, and the Magistrates’ Courts Act 1980^f1 or, in the case of Northern Ireland, the Magistrates’ Court (Northern Ireland) Order 1981^f2 applies to the proceedings.

(3)

An appeal to the sheriff is by summary application.

(4)

The period within which an appeal may be brought is 28 days or, in the case of an enforcement notice, the period specified in the notice, whichever ends earlier.

(5)

An enforcement or prohibition notice must state—

(a)

the right of appeal to a magistrates’ court or the sheriff;

(b)

the period in which such an appeal may be brought.

Annotations

Footnotes

f1: 1980 c. 43; sections 51 and 52 have been substituted by section 47 of the Courts Act 2003 (c. 39).
f2: S.I. 1981/1675 (N.I. 26).