Vehicles (Crime) Act 2001

[F1 23 Appeals: Part 2 E+W

(1) An appeal against the cancellation by the Secretary of State under section 21 of a person's registration may be brought—

(a) in England and Wales, to a magistrates' court,

(b) in Scotland, to the sheriff, or

(c) in Northern Ireland, to a court of summary jurisdiction.

(2) An appeal under subsection (1) 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 subsection (1)—

(a) in England and Wales, is to be by way of complaint for an order and in accordance with the Magistrates' Courts Act 1980,

(b) in Scotland, is to be by way of summary application to the sheriff, and

(c) in Northern Ireland, is to be by way of notice under Part 7 of the Magistrates' Courts (Northern Ireland) Order 1981.

(4) For the purposes of the time limit for bringing an appeal under subsection (1) the appeal is to be treated as brought—

(a) in England and Wales, on the making of the complaint,

(b) in Scotland, on the lodging of the summary application with the sheriff clerk, and

(c) in Northern Ireland, when a notice is served on the clerk of the petty sessions under Article 76(2)(a) of the Magistrates' Courts (Northern Ireland) Order 1981.

(5) A party to an appeal to the sheriff under subsection (1) may further appeal, on a point of law only, to the sheriff principal or the Court of Session; and the decision on such an appeal is final.

(6) On an appeal under subsection (1) or (5), the court may confirm, vary or reverse the decision appealed against and generally give such directions as it considers appropriate having regard to the provisions of this Part.

(7) The Secretary of State must comply with any directions given by a court under this section.

(8) But the Secretary of State need not do so until—

(a) in England and Wales, the time for making an application under section 111 of the Magistrates' Courts Act 1980 (application by way of case stated),

(b) in Scotland, the time for lodging an appeal under subsection (5), or

(c) in Northern Ireland, the time for making an application under Article 146 of the Magistrates' Courts (Northern Ireland) Order 1981 (application by way of case stated),

has passed.

(9) And if such an application or appeal is made or lodged, he need not do so until the final determination or withdrawal of the appeal or application.]

Textual Amendments

F1 S. 23 substituted (31.7.2008) by Road Safety Act 2006 (c. 49), ss. 46(6), 61(1); S.I. 2008/1864, art. 2

Commencement Information

I1 S. 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}