RAILWAY AND CANAL TRAFFIC ACT 1888

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RAILWAY AND CANAL TRAFFIC ACT 1888 - SECT 17



17.(1) No appeal shall lie from the Commissioners upon a question of fact, or
upon any question regarding the locus standi of a complainant.

(2) Save as otherwise provided by this Act, an appeal shall lie from the
Commissioners to a superior court of appeal.

Subs.(3) rep. by 1962 c.30 s.7(9) sch.1 Pt.I

(4) On the hearing of an appeal the court of appeal may draw all such
inferences as are not inconsistent with the facts expressly found, and are
necessary for determining the question of law, and shall have all such powers
for that purpose as if the appeal were an appeal from a judgment of a
superior court, and may make any order which the Commissioners could have
made, and also any such further or other order as may be just, and the costs
of and incidental to an appeal shall be in the discretion of the court of
appeal, but no Commissioner shall be liable to any costs by reason or in
respect of any appeal.

(5) The decision of the superior court of appeal shall be final: Provided that
where there has been a difference of opinion between any two of such
superior courts of appeal, any superior court of appeal in which a matter
affected by such difference of opinion is pending may give leave to appeal to
the House of Lords, on such terms as to costs as such court shall determine.

(6) Save as provided by this Act, an order or proceeding of the Commissioners
shall not be questioned or reviewed, and shall not be restrained or
removeohibition, injunction, certiorari, or otherwise, either at the instance
of the Crown or otherwise.

General powers and enforcement of orders.

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Northern Irish Legislation

RAILWAY AND CANAL TRAFFIC ACT 1888 - SECT 17