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Modifications etc. (not altering text)
C1Part 1: functions of local authority not to be the responsibility of an executive of the authority (E.) (21.10.2002) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1 (as amended by S.I. 2002/1916, reg. 6)
(1)An appeal against—
(a)a refusal by a local authority to register in the register for their area a person who has made an application under section 3(1);
(b)a refusal by a local authority to renew the registration in the register for their area of a person who has made an application under section 3(1); or
(c)the cancellation by a local authority of a person’s registration in the register for their area;
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 5(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 local authority’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 local authority to comply with any directions given by a magistrates’ court under subsection (5); but the authority 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 (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.