Regulation 38 Appeals against improvement notices

(1)

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

(2)

The procedure on an appeal to a magistrates' court under paragraph (1) shall be by way of complaint, and the Magistrates' Courts Act 1980^f1 shall apply to the proceedings.

(3)

An appeal to the sheriff under paragraph (1) shall be by summary application.

(4)

The period within which an appeal may be brought shall be one month or the period specified in the improvement notice, whichever ends the earlier.

(5)

An improvement notice shall state—

(a)

the right of appeal to a magistrates' court or to the sheriff; and

(b)

the period within which such an appeal may be brought.

(6)

A court may suspend an improvement notice pending an appeal.

Annotations

Footnotes

f1: 1980 c. 43; sections 51 and 52 have been substituted by the Courts Act 2003 (c. 39), section 47.