Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023

Application for cancellation of direction specified in enforcement notice

196. (1) A person to whom an enforcement notice has been given may, on notice to the relevant authority, not later than 30 days after being given the notice, apply to the relevant court for the cancellation of any direction specified in the notice and, on such an application, the court may—

(a) cancel the direction,

(b) confirm the direction, or

(c) vary the direction,

and, whether paragraph (a), (b) or (c) is applicable, make such order as to costs as it thinks fit in respect of the application.

(2) The decision of the relevant court on a direction specified in an enforcement notice shall be final save that—

(a) if the relevant court is the Circuit Court, by leave of that Court or the High Court, an appeal by the relevant authority or the person concerned, as the case may be, against the decision shall lie to the High Court on a point of law, or

(b) if the relevant court is the High Court, by leave of that Court or the Court of Appeal, an appeal by the relevant authority or the person concerned, as the case may be, against the decision shall lie to the Court of Appeal on a point of law.