Anti-social Behaviour Act 2003

51 Appeals E+W

(1) A person on whom a [F1 defacement removal notice] is served may, within the period of 21 days beginning with the day on which it is served, appeal against the notice to a magistrates' court on any of the following grounds.

(2) They are—

(a) that the defacement is neither detrimental to the amenity of the area nor offensive,

(b) that there is a material defect or error in, or in connection with, the notice,

(c) that the notice should be served on another person.

(3) Where an appeal under subsection (1) is brought, the [F2 defacement removal notice] shall be of no effect pending the final determination or withdrawal of the appeal.

(4) On the determination of such an appeal, the magistrates' court must do one of the following—

(a) quash the notice,

(b) modify the notice,

(c) dismiss the appeal.

(5) Where the court modifies the notice or dismisses the appeal, it may extend the period specified in the notice.

(6) A person on whom a notice under section 49(2) is served may, within the period of 21 days beginning with the day on which it is served, appeal to a magistrates' court on the grounds that the expenditure which the authority is proposing to recover is excessive.

(7) On the determination of an appeal under subsection (6), the magistrates' court must do either of the following—

(a) confirm that the amount which the authority is proposing to recover is reasonable, or

(b) substitute a lower amount as the amount which the authority is entitled to recover.

Textual Amendments

F1 Words in s. 51(1) substituted (6.3.2007 for E., 18.1.2008 for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), s. 108(1)(2), Sch. 4 para. 18; S.I. 2007/390, art. 2(b); S.I. 2007/3371, art. 2(a)

F2 Words in s. 51(3) substituted (6.3.2007 for E., 18.1.2008 for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), s. 108(1)(2), Sch. 4 para. 18; S.I. 2007/390, art. 2(b); S.I. 2007/3371, art. 2(a)

Commencement Information

I1 S. 51 in force at 31.3.2004 for W. by S.I. 2004/999, art. 2(k)

I2 S. 51 in force at 31.3.2004 for E. for specified purposes by S.I. 2004/690, art. 4(1)(d)

I3 S. 51 in force at 6.4.2006 for E. insofar as not already in force by S.I. 2006/393, art. 2