Housing (Miscellaneous Provisions) Act, 1931
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Appeals. |
27.—(1) Any person aggrieved by— | |
(a) a notice under this Part of this Act requiring the execution of works; | ||
(b) a demand for the recovery of expenses incurred by a local authority in executing works specified in any such notice; | ||
(c) an order made by a local authority with respect to any such expenses; | ||
(d) a demolition order made under this Part of this Act; | ||
(e) a closing order so made or a refusal to determine a closing order; | ||
may, within twenty-one days after the date of the service of the notice, demand or order, or after the refusal, as the case may be, appeal to the Circuit Court, and no proceedings shall be taken by the local authority to enforce any notice, demand or order against which an appeal is brought before the appeal has been finally determined: | ||
Provided that— | ||
(i) on an appeal under paragraph (b) or paragraph (c) of this sub-section no question shall be raised which might have been raised on an appeal against the original notice requiring the execution of the works; and | ||
(ii) no appeal shall lie under paragraph (d) or paragraph (e) of this sub-section at the instance of a person who is in occupation of the premises to which the order relates under a lease or agreement of which the unexpired term does not exceed three years. | ||
(2) In any appeal to the Circuit Court under this section— | ||
(a) the court may make such order either confirming or quashing or varying the notice, demand or order as it thinks fit, and may, if it thinks fit, accept from an appellant any such undertaking as might have been accepted by the local authority, and any undertaking so accepted by the court shall have the like effect as if such undertaking had been given to and accepted by the local authority under this Part of this Act; and | ||
(b) where the court allows an appeal against a notice requiring the execution of works to a dwelling-house, it shall, if requested by the local authority so to do, include in its judgment a finding whether the house can or cannot be rendered fit for human habitation at a reasonable expense. | ||
(3) Rules of Court shall regulate the practice and procedure of the Circuit Court under this section, and the rules shall make provision with respect to an inspection by the Circuit Court of the premises to which the appeal relates in any case in which the court considers that such inspection is desirable. | ||
(4) Any notice, demand or order against which an appeal might be brought to the Circuit Court under this section shall, if no such appeal is brought, become operative on the expiration of the period of twenty-one days mentioned in sub-section (1) of this section and shall be final and conclusive as to any matters which could have been raised on such an appeal, and any such notice, demand or order against which an appeal is brought shall, if and so far as it is confirmed by the Circuit Court, become operative as from the date of the final determination of the appeal. | ||
(5) For the purposes of this Part of this Act the withdrawal of an appeal shall be deemed to be the determination thereof, having the like effect as a decision confirming the notice, demand or order, or decision appealed against. | ||
(6) No appeal shall lie under section 61 of the Courts of Justice Act, 1924 (No. 10 of 1924) from a decision of the Circuit Court under this section. |