Highways Act 1980

317 Appeals to the Crown Court from decisions of magistrates’ courts. E+W

(1) Where a person aggrieved by an order, determination or other decision of a magistrates’ court under this Act is not by any other enactment authorised to appeal to the Crown Court he may appeal to that court.

(2) The applicant for an order under section 116 above or any person who was entitled under subsection (7) of that section to be, and was, or claimed to be, heard on the application may appeal to the Crown Court against the decision made by the magistrates’ court on the application.

[F1 (3) Any person who, in relation to the decision of a magistrates’ court on an application under section 130B above, does not fall within subsection (1) above but—

(a) is, within the meaning of section 130A above, a person for the time being responsible for the obstruction to which the application related, or

(b) when the application was heard, was such a person and was, or claimed to be, heard on the application,

may appeal to the Crown Court against the decision on any ground relating to the matters mentioned in section 130B(4) above.]

Textual Amendments

F1 S. 317(3) inserted (13.2.2004 for E. and 1.4.2004 for W.) by 2000 c. 37, s. 63(2); S.I. 2004/292, art. 2(a); S.I. 2004/315, art. 2(a)