C1C2 Part IV Litter Etc
Pt. IV extended: by S.I.1991/961, art. 2; (E.W.) (1.11.1996) by 1996 c. 56, ss. 19, 583(2), Sch. 1 para.10 (with ss. 1(4), 561, 562, Sch. 39)
Provisions relating to litter
92BF1Appeals against litter clearing notices
1
A person on whom a litter clearing notice is served under section 92A above may appeal against it to a magistrates' court in accordance with the provisions of this section.
2
An appeal under this section must be made within a period of 21 days beginning with the day on which the notice is served.
3
The grounds on which an appeal under this section may be made are that—
a
there is a material defect or error in, or in connection with, the notice;
b
the notice should have been served on another person;
c
the land is not defaced by litter or refuse so as to be detrimental to the amenity of the locality;
d
the action required is unfair or unduly onerous.
4
A notice against which an appeal under this section is made is of no effect pending the final determination or withdrawal of the appeal.
5
On the determination of an appeal under this section, the magistrates' court must—
a
quash the notice;
b
modify the notice (including modifying it by extending the period specified in it); or
c
dismiss the appeal.
Pt. IV amended: by S.I. 1991/476, art. 2; (1.9.1994) by 1993 c. 35, s. 298, Sch. 18 para.10; S.I. 1994/2038, art. 3.