Firearms (Amendment) Act 1936

Sections 3, 5 and 8.

FIRST SCHEDULE Provisions as to certain Appeals and Applications

1 Notice of an appeal or application, signed by the appellant or applicant or by his agent on his behalf and stating the general grounds of the appeal or application, shall be given by him to the clerk of the peace and also—

(a) in the case of an appeal, to the chief officer of police by whose decision the appellant is aggrieved, and

(b) in the case of an application, to the chief officer of police for the area in which the applicant resides.

2 A notice of an appeal shall be given within twenty-one days after the date on which the appellant has received notice of the decision of the chief officer of police by which he is aggrieved.

3 On receiving notice of an appeal or application, the clerk of the peace shall enter the appeal or application and give notice to the appellant or applicant, and to the chief officer of police to whom the notice of the appeal or application is required by paragraph 1 of this Schedule to be given, of the date, time, and place fixed for the hearing :

Provided that, in the case of an application, the date fixed for the hearing shall not be less than twenty-one clear days after the date when the clerk of the peace received the notice of the application.

4 The appellant or applicant may at any time, not less than two clear days before the date fixed for the hearing, abandon his appeal or application by giving notice in writing to the clerk of the peace and to the chief officer of police, and in the event of any such abandonment the court of quarter sessions may order the appellant or applicant to pay to the chief officer of police such costs as appear to them to be just and reasonable in respect of expenses properly incurred by him in connection with the appeal or application before notice of the abandonment was given to him.

5 The chief officer of police may appear and be heard on the hearing of the appeal or application.

6 The court of quarter sessions may from time to time adjourn the hearing of the appeal or application.

7 On the hearing of an appeal the court may either dismiss the appeal or give the chief officer of police such directions as the court think fit as respects the certificate or register which is the subject of the appeal.

8 On the determination of the appeal or application the court may make such order as to payment of costs as the court think fit, and may fix a sum to be paid by way of costs in lieu of directing a taxation thereof, and any costs ordered to be paid by the court may be recovered summarily as a civil debt and shall not be recoverable in any other manner :

Provided that the court shall not order the chief officer of police to pay the costs of an applicant.

9 The powers and duties of the court of quarter sessions with respect to an appeal or application shall—

(a) in the case of quarter sessions for a county other than the County of London, be delegated to and exercised and performed by the appeal committee appointed under section seven of the [23 & 24 Geo. 5 c. 38.] Summary Jurisdiction (Appeals) Act, 1933; and

(b) in the case of quarter sessions for the County of London, be exercised and performed by a court of quarter sessions constituted in accordance with section eight of the said Act;

and the said sections seven and eight, and the provisions of the [45 & 46 Vict. c. 50.] Municipal Corporations Act, 1882, as amended by the said section seven, shall apply to the appeal or application accordingly as they apply to an appeal from a decision of a court of summary jurisdiction.