[31A Appeal on refusal under section 31(2)(a) [or 31ZA].E+W
(1)If, relying on section 31(2)(a) [or 31ZA], a superintendent registrar refuses to issue a certificate, the person applying for it may appeal to the Registrar General.
(2)On such an appeal, the Registrar General must—
(a)confirm the refusal; or
(b)direct that a certificate be issued.
[(2A)In a case where—
(a)in reliance on section 31ZA, a superintendent registrar refuses to issue a certificate, and
(b)on an appeal against the refusal, the Registrar General directs that a certificate be issued,
section 31ZA(2) is of no effect — and is to be taken to have never had any effect — in relation to the parties' giving of notice under section 27.]
(3)If—
(a)relying on section 31(2)(a), a superintendent registrar refuses to issue a certificate as a result of a representation made to him, and
(b)on an appeal against the refusal, the Registrar General declares the representation to have been frivolous and to be such that it ought not to obstruct the issue of a certificate,
the person making the representation is liable for the costs of the proceedings before the Registrar General and for damages recoverable by the applicant for the certificate.
[(3A)If—
(a)relying on section 31ZA, a superintendent registrar refuses to issue a certificate, and
(b)on an appeal against the refusal, the Registrar General declares the appeal to have been frivolous,
the person making the appeal is liable for the costs of the proceedings before the Registrar General.]
(4)For the purpose of enabling a person to recover any [costs and damages in accordance with subsection (3) or (3A)], a copy of the declaration of the Registrar General purporting to be sealed with the seal of the General Register Office is evidence that the Registrar General has declared the representation to have been frivolous and to be such that it ought not to obstruct the issue of a certificate [(in the case of subsection (3)) or evidence that the Registrar General has declared the appeal to have been frivolous (in the case of subsection (3A))].]
Textual Amendments
Modifications etc. (not altering text)