Regulation 23 AppealsI1

Northern Ireland

(1)

A person aggrieved by a decision relating to –

(a)

the refusal to grant a licence;

(b)

any condition attached to a licence;

(c)

any amendment or cancellation of a condition;

(d)

the refusal to approve the transfer of a licence;

(e)

a direction under regulation 17(2) or any variation of such a direction;

(f)

a zoo closure direction;

(g)

the refusal to approve a plan prepared under regulation 21(1);

(h)

a direction under regulation 21(5) or any variation of such a direction; or

(i)

any arrangements under regulation 21(6) or (7),

may appeal to a court of summary jurisdictionF1....

(2)

Any such appeal shall be brought within 28 days from the date on which the person wishing to appeal receives written notification of the Department’s decision.

(3)

On an appeal under this regulation to a court of summary jurisdiction, the court may confirm, vary or reverse the Department’s decision and generally give such directions as it thinks proper, having regard to the provisions of these Regulations.

(4)

The procedure on appeal to a court of summary jurisdiction under this regulation shall be by way of notice under Part VII of the Magistrates Courts (Northern Ireland) Order 1981^f1.

(5)

In so far as a condition attached to a licence (whether on its grant or later), or the amendment of a condition, imposes a requirement on the holder of the licence to carry out works he would not otherwise be required to carry out, the condition or amendment shall not have effect –

(a)

during the period within which the holder of the licence is entitled to appeal against the attachment or amendment; or

(b)

where such an appeal is brought within that period, during the period before an appeal is determined or abandoned.

(6)

An amendment to a licence under regulation 16(3) has effect –

(a)

if an appeal is brought under this regulation within the time mentioned in paragraph (2), and the Department’s decision is confirmed or varied, on the day following the day on which the appeal is determined, or on such other day as the court directs;

(b)

if an appeal is brought under this regulation within the time mentioned in paragraph (2) but is subsequently abandoned, on the day following the day on which the appeal is abandoned, or on such other day as the court directs; or

(c)

if no appeal is brought within the time mentioned in paragraph (2), on the expiration of that time.

(7)

Paragraph (8) applies to the following directions or any variations to them –

(a)

a direction under regulation 17(2) which requires the zoo or a section of it to be closed to the public;

(b)

a direction under regulation 17(2) or 21(5)which imposes a requirement on the operator of the zoo to carry out works he would not otherwise be required to carry out; and

(c)

a direction under 21(5) which imposes a requirement to dispose of any animals.

(8)

A direction to which this paragraph applies shall not have effect –

(a)

during the period within which the holder is entitled to appeal against it; or

(b)

where such an appeal is brought within that period, during the period before the appeal is determined or abandoned.

(9)

A zoo closure direction has effect –

(a)

(b)

(c)

if no appeal is brought within the time mentioned in paragraph (2), on the expiration of that time.

Annotations

Textual amendments

F1: Words in reg. 23(1) omitted (31.10.2016) by virtue of The Justice Act (Northern Ireland) 2015 (Single Jurisdiction) (Consequential Amendments and Revocations) Order (Northern Ireland) 2016 (S.R. 2016/317), arts. 1, 22; S.R.2016/317 art. 2(a) (with art. 3)

Commencement

I1: Reg. 23 in operation at 31.3.2003, see reg. 1

Footnotes

f1: S.I. 1981/1675 (NI 26).