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Vehicles (Crime) Act 2001

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23 Appeals: Part 2E+W

This section has no associated Explanatory Notes

(1)An appeal against the cancellation by the Secretary of State under section 21 of a person’s registration may be brought to a magistrates’ court.

(2)An appeal under this section shall be brought within the period of 21 days beginning with the day on which the person concerned is served with a notice under section 22(7).

(3)The procedure on an appeal under this section shall be by way of complaint for an order and in accordance with the Magistrates’ Courts Act 1980 (c. 43).

(4)For the purposes of the time limit for bringing an appeal under this section the making of the complaint shall be treated as the bringing of the appeal.

(5)On an appeal under this section, the magistrates’ court concerned may confirm, vary or reverse the Secretary of State’s decision and generally give such directions as it considers appropriate having regard to the provisions of this Part.

(6)It shall be the duty of the Secretary of State to comply with any directions given by a magistrates’ court under subsection (5); but the Secretary of State need not comply with any directions given by the court—

(a)until the time for making an application under section 111 of the Magistrates’ Courts Act 1980 (c. 43) (application by way of case stated) has passed; or

(b)if such an application is made, until the final determination or withdrawal of the application.

Commencement Information

I1S. 23 wholly in force; s. 23 not in force at Royal Assent see s. 44; Pt. 2 (ss. 17-31) of the Act in force for certain purposes at 1.12.2002 and s. 23 otherwise in force at 1.1.2003 by S.I. 2002/2957, arts. {2}, {3}

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