sec.55Appeal to Land Appeal Court

sec.55 Appeal to Land Appeal Court

Any person whose interests are affected by— a decision of the Authority for the purposes of section 17 not to hold an inquiry; or a decision of the Authority for the purposes of section 18 , being a decision that is inconsistent with a finding or recommendation of a commission referred to in Part 7 ; or a decision of the Authority under section 24 not to publish a notice in any newspaper or journal; or a decision of the Authority for the purposes of section 26 not to hold an inquiry; or a decision of the Authority for the purposes of section 27 , being a decision that is inconsistent with a finding or recommendation of a commission referred to in Part 7 ; or a decision of the Authority for the purposes of section 28 ; or a decision of the Authority for the purposes of section 29 , being a decision that is inconsistent with a finding or recommendation of a commission referred to in Part 7 ; or a decision of the Authority for the purposes of section 31 not to hold an inquiry; or a decision of the Authority under section 51 to revoke a declaration; may appeal to the Land Appeal Court against the decision. Jurisdiction is hereby conferred on the Land Appeal Court to hear and determine an appeal made to it under subsection (1) . An appeal under subsection (1) shall be made by filing a notice of appeal in the Land Court registry within 42 days after the day on which the document setting out the reasons for the decision against which the appeal is made is furnished to the person who makes a request under section 54 . The notice of appeal shall state the grounds of appeal and the appeal shall be limited to the grounds stated. The burden of proving any ground stated shall be upon the appellant. After filing the notice of appeal the appellant forthwith shall serve a copy thereof on the Authority. In hearing an appeal made under subsection (1) the Land Appeal Court has power, in addition to any other power it has under the Land Act 1962 , to review the decision appealed against and to decide any matter in relation to the making of the decision that could have been made or could be decided by the Authority. Without limiting the powers of the Land Appeal Court referred to in subsection (4) , the Land Appeal Court may— affirm the decision or vary it in such manner as it thinks fit; or set aside the decision and make such other decision that the Authority could have made as it thinks fit. Any determination of the Land Appeal Court made in respect of an appeal made under subsection (1) — shall be substituted for the decision of the Authority appealed against; and shall have the same effect as a decision of the Authority; and shall be final. s 55 amd 2000 No. 1 s 86 sch 1 (sec.55-ssec.1) Any person whose interests are affected by— a decision of the Authority for the purposes of section 17 not to hold an inquiry; or a decision of the Authority for the purposes of section 18 , being a decision that is inconsistent with a finding or recommendation of a commission referred to in Part 7 ; or a decision of the Authority under section 24 not to publish a notice in any newspaper or journal; or a decision of the Authority for the purposes of section 26 not to hold an inquiry; or a decision of the Authority for the purposes of section 27 , being a decision that is inconsistent with a finding or recommendation of a commission referred to in Part 7 ; or a decision of the Authority for the purposes of section 28 ; or a decision of the Authority for the purposes of section 29 , being a decision that is inconsistent with a finding or recommendation of a commission referred to in Part 7 ; or a decision of the Authority for the purposes of section 31 not to hold an inquiry; or a decision of the Authority under section 51 to revoke a declaration; may appeal to the Land Appeal Court against the decision. (sec.55-ssec.2) Jurisdiction is hereby conferred on the Land Appeal Court to hear and determine an appeal made to it under subsection (1) . (sec.55-ssec.3) An appeal under subsection (1) shall be made by filing a notice of appeal in the Land Court registry within 42 days after the day on which the document setting out the reasons for the decision against which the appeal is made is furnished to the person who makes a request under section 54 . (sec.55-ssec.3A) The notice of appeal shall state the grounds of appeal and the appeal shall be limited to the grounds stated. (sec.55-ssec.3B) The burden of proving any ground stated shall be upon the appellant. (sec.55-ssec.3C) After filing the notice of appeal the appellant forthwith shall serve a copy thereof on the Authority. (sec.55-ssec.4) In hearing an appeal made under subsection (1) the Land Appeal Court has power, in addition to any other power it has under the Land Act 1962 , to review the decision appealed against and to decide any matter in relation to the making of the decision that could have been made or could be decided by the Authority. (sec.55-ssec.4A) Without limiting the powers of the Land Appeal Court referred to in subsection (4) , the Land Appeal Court may— affirm the decision or vary it in such manner as it thinks fit; or set aside the decision and make such other decision that the Authority could have made as it thinks fit. (sec.55-ssec.5) Any determination of the Land Appeal Court made in respect of an appeal made under subsection (1) — shall be substituted for the decision of the Authority appealed against; and shall have the same effect as a decision of the Authority; and shall be final.