Criminal Justice Act 2006
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New section 15A in Principal Act. |
43.— The following section is inserted after section 15 of the Principal Act: | |
“Appeal to District Court. | ||
15A.—(1) An appeal may be made to the District Court by a person aggrieved by any of the following decisions made by an issuing person: | ||
(a) to refuse to grant a firearms training certificate under section 2A of this Act; | ||
(b) to refuse to grant or renew a firearm certificate under section 3 of this Act; | ||
(c) to refuse to grant or renew an authorisation for a rifle or pistol club or shooting range under section 4A of this Act; | ||
(d) to revoke a firearm certificate under section 5 of this Act; | ||
(e) to refuse to register a person, or to renew a registration, in the register of firearms dealers under section 9 of this Act; | ||
(f) to grant or renew an authorisation under section 10 of this Act; | ||
(g) to remove the name of a person from the register of firearms dealers under section 11 of this Act; | ||
(h) to refuse to grant a licence under section 10A of this Act; | ||
(i) to refuse to grant an authorisation under section 16(1) of this Act; | ||
(j) to refuse to grant a licence for the import of firearms or ammunition or a prohibited weapon under section 17 of this Act or to vary such a licence or conditions named in it; | ||
(k) to refuse to renew a firearm certificate under section 9 of the Firearms Act 1964 ; or | ||
(l) to refuse to grant a firearm certificate, or to revoke such a certificate, under section 2 of the Firearms (Firearm Certificate for Non-Residents) Act 2000. | ||
(2) An appeal shall be made within 30 days of receipt of notice of the decision concerned. | ||
(3) On the appeal the Court may— | ||
(a) confirm the decision, | ||
(b) adjourn the proceedings and direct the issuing person to reconsider the decision in the light of the appeal proceedings, or | ||
(c) allow the appeal. | ||
(4) Where the appeal is allowed, the issuing person shall give effect to the Court’s decision. | ||
(5) For the purposes of this section— | ||
(a) an issuing person— | ||
(i) who is required under section 3(9), 4A(7) or 10(4F) to decide on an application within a specified period, and | ||
(ii) who does not so decide, | ||
is deemed to have decided to refuse to grant the application, | ||
(b) the applicant is deemed to have received notice of the decision on the expiration of that period, and | ||
(c) as the case may be, section 3(10) does not apply in relation to the application. | ||
(6) The jurisdiction conferred on the District Court by this section shall be exercised by the judge of that Court assigned to the district in which the appellant resides or carries on business.”. |