POLLUTION CONTROL AND LOCAL GOVERNMENT (NORTHERN IRELAND) ORDER 1978

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POLLUTION CONTROL AND LOCAL GOVERNMENT (NORTHERN IRELAND) ORDER 1978 - SECT 84



84.(1) Where a person appeals against a decision of a court of summary
jurisdiction dismissing an appeal against a notice served under this Order
which was suspended pending determination of that appeal, the notice shall
again be suspended pending the determination of the appeal.

(2) Where the commission by any person of an offence under this Order is due
to the act or default of some other person, that other person shall be guilty
of the offence; and a person may be charged with and convicted of an offence
under this paragraph whether or not proceedings for the offence are taken
against any other person.

(3) Notwithstanding anything in section 34 of the Magistrates' Courts Act
(Northern Ireland) 1964, proceedings for an offence under Article... 28 or 29
may be brought at any time

Sub-para.(a) rep. by 1980 NI6 art.13 sch.2

(b)in the case of an offence under Article 28, within six months from the date
on which the litter thrown, dumped or otherwise deposited was last found to
remain upon the place into or upon which it was thrown, dumped or deposited;
or

(c)in the case of an offence under Article 29, within six months from the date
on which the motor vehicle or thing which formed part of a motor vehicle was
last found to remain upon the land on which it was abandoned.

(4) Where an appeal against a decision of a relevant council lies to a court
of summary jurisdiction under this Order, the district council shall include
in any document by which it notifies the decision to the person concerned a
statement indicating that such an appeal lies as aforesaid and specifying the
time within which it must be brought.

(5) Where on an appeal to any court against or arising out of a decision of a
district council under this Order the court varies or reverses the decision
the council shall act in accordance with the court's decision.

(6) A judge of any court and a justice of the peace shall not be disqualified
from acting in cases arising under this Order by reason of his being, as one
of several ratepayers or as one of any other class of persons, liable in
common with the others to contribute to or be benefited by any rate or fund
out of which any expenses of a district council are to be defrayed.

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Northern Irish Legislation

POLLUTION CONTROL AND LOCAL GOVERNMENT (NORTHERN IRELAND) ORDER 1978 - SECT 84