sec.195Effect of court’s decision on appeal

sec.195 Effect of court’s decision on appeal

If the court substitutes another decision for the decision appealed against— the substituted decision is taken to be a decision of the original decision-maker for the decision; and the original decision-maker may give effect to the decision as if— the decision were the original decision of the original decision-maker; and no application for review or appeal of the original decision had been made. If the court sets aside the decision appealed against and returns the matter to the original decision-maker for the decision with directions, any decision made by the original decision-maker in accordance with the directions may not be reviewed or appealed against under this part. In this section— original decision-maker , for a decision, means— if the decision is a seizure decision—the inspector who made the decision; or otherwise—the council. s 195 sub 2025 No. 21 s 32 (sec.195-ssec.1) If the court substitutes another decision for the decision appealed against— the substituted decision is taken to be a decision of the original decision-maker for the decision; and the original decision-maker may give effect to the decision as if— the decision were the original decision of the original decision-maker; and no application for review or appeal of the original decision had been made. (sec.195-ssec.2) If the court sets aside the decision appealed against and returns the matter to the original decision-maker for the decision with directions, any decision made by the original decision-maker in accordance with the directions may not be reviewed or appealed against under this part. (sec.195-ssec.3) In this section— original decision-maker , for a decision, means— if the decision is a seizure decision—the inspector who made the decision; or otherwise—the council.

• (a) the substituted decision is taken to be a decision of the original decision-maker for the decision; and
• (b) the original decision-maker may give effect to the decision as if— (i) the decision were the original decision of the original decision-maker; and (ii) no application for review or appeal of the original decision had been made.
• (i) the decision were the original decision of the original decision-maker; and
• (ii) no application for review or appeal of the original decision had been made.
• (i) the decision were the original decision of the original decision-maker; and
• (ii) no application for review or appeal of the original decision had been made.
• (a) if the decision is a seizure decision—the inspector who made the decision; or
• (b) otherwise—the council.