MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964

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MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 86



86.(1) Where an enactment

(a)provides for an appeal to be made to a court of summary jurisdiction and
neither that enactment nor magistrates' courts rules provide for the procedure
to be adopted on such appeal; or

(b)authorises an application for a licence, permit, certificate or other
authorisation or for the removal of a disqualification or disability to be
made to a magistrates' court and either that enactment or magistrates' courts
rules direct that the provisions of this Part shall apply; or

(c)authorises an application to a magistrates' court for the disposal,
destruction or forfeiture of property;

(2) A notice under this Part shall be served at such time as may be prescribed
before the date upon which the appeal or application is to be made upon

(a)the clerk of petty sessions acting for the court to which the appeal or
application is to be made;

(b)in the case of an appeal from any decision or determination of a public or
local authority, that authority, and any other party to the appeal and any
person by whom or on whose behalf representations were made to the authority
in respect of the subject-matter of the decision or determination;

(c)any such person as may be prescribed.

(3) The court shall hear the appellant or applicant, and any evidence relevant
to the appeal or application and any person (other than the
clerk of petty sessions) served with notice under this Part or entitled to be
heard thereon who opposes the appeal or application and asks to be heard
thereon as well as any relevant evidence such person may adduce.

(4) Without prejudice to the foregoing provisions of this section the court
may direct that a copy of the notice be served upon any person whom the court
may consider a proper person to be served.

(5) A magistrates' court may in any case where the public interest requires an
immediate order for the destruction of property dispense with the service of a
notice under subsection (2) and order immediate destruction of the property in
accordance with the enactment under which the order is made.

Order that decree shall issue either absolutely or conditionally.

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Northern Irish Legislation

MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 86