Part IVGeneral

General provisions about appeals and applications

103 Procedure on appeal or application to F1magistrates’ courtF1appropriate court or tribunal.

(1)

Where this Act provides—

(a)

for an appeal to a magistrates’ court against a requirement, refusal or other decision of a local authority, or

(b)

for a matter to be determined by, or for an application in respect of a matter to be made to, a magistrates’ court,

the procedure shall be by way of complaint for an order.

F2(1A)

Subsections (2) and (3) apply—

(a)

where this Act provides for an appeal to the tribunal against a requirement, refusal or other decision of a relevant authority, and

(b)

in relation to an appeal of a kind mentioned in subsection (1)(a).

(2)

The time within which such an appeal may be brought is 21 days from the date on which notice of the F3local F3relevant authority’s requirement, refusal or other decision was served upon the person desiring to appeal, and for the purposes of this subsection the making of the F4application or complaint is deemed to be the bringing of the appeal.

(3)

In a case where such an appeal lies, the document notifying to the person concerned the F5local F5relevant authority’s decision in the matter shall state the right of appeal to F6a magistrates’ court F6the appropriate court or tribunal and the time within such an appeal may be brought.

F7(4)

In this section “relevant authority” means a local authority or the regulator.

104 Local authority F8or regulator to give effect to appeal.

Where upon an appeal under this Act a court F9or tribunal varies or reverses a decision of a local authority F10or the regulator, it is the duty of the local authority F11or regulator to give effect to the order of the court F9or tribunal and, in particular, to grant or issue any necessary consent, certificate or other document, and to make any necessary entry in any register.

105 Judge not disqualified by liability to rates.

A judge of a court F12or tribunal or a justice of the peace is not disqualified from acting in cases arising under this Act by reason only of his being, as one of several ratepayers, or as one of any other class of persons, liable in common with the others to contribute to, or be benefited by, a rate or fund out of which expenses of a local authority are to be defrayed.

F13105AEnforcement of decisions of the First-tier and Upper Tribunal

(1)

A decision of the First-tier Tribunal or Upper Tribunal made under or in connection with this Act is enforceable with the permission of the county court in the same way as an order of that court.

(2)

Subsection (1) does not apply to a decision of the First-tier Tribunal or Upper Tribunal ordering the payment of a sum (as to which see section 27 of the Tribunals, Courts and Enforcement Act 2007 (enforcement)).