[Home] [Databases] [World Law] [Search] [Feedback]
	Northern Irish Legislation
You are here:  BAILII >> Databases >> Northern Irish Legislation >> FIRE SERVICES ACT (NORTHERN IRELAND) 1969

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

FIRE SERVICES ACT (NORTHERN IRELAND) 1969 - SECT 13

Offences against requirements under sections 11 and 12.

13.(1) Any person aggrieved by any requirement of [the fire authority] under
section 11(1), or by the withholding of a certificate of [the fire authority]
under section 11(2), in respect of any building may appeal to the county court
for the division in which the building is situate but an appeal under this
subsection by a person on whom a notice is served under section 12(1) shall be
made within a period of twenty-one days from the day on which he receives
notification of the decision of the Authority on his representations under
section 12(3) or, where he has not made such representations, within a period
of twenty-one days from the last day on which he could have made such
representations.

(2) Without prejudice to the generality of subsection (1), an appeal under
that subsection by a person on whom a notice has been served under
section 12(1) may be made on any of the following grounds

(a)that the notice or any requirement is not justified by the terms of
subsection (1) of section 11 or that subsection as modified by subsection (3)
of that section;

(b)that the requirement is of no effect by virtue of section 11(3);

(c)that there has been some informality, defect or error in, or in connection
with, the notice;

(d)that the Authority has refused unreasonably to approve the execution of
alternative works, or that the works required by the notice to be executed are
otherwise unreasonable in character or extent, or are unnecessary;

(e)that the time within which the works are to be executed is not reasonably
sufficient for the purpose;

(f)that the notice might lawfully have been served on a person other than the
appellant and that it would have been equitable for it to have been so served;

(g)that some person other than the appellant will as the holder of an estate
or interest in the building derive a benefit from the execution of the works
and that that person ought to pay the whole or any part of the expenses of
executing the works;

(h)where the work is work for the common benefit of the building in question
and other premises, that some other person, being the owner or occupier of
premises to be benefited, ought to contribute towards the expenses of
executing any works required.

(3) If and in so far as an appeal is based on the ground of some informality,
defect or error in or in connection with the notice, the court shall dismiss
the appeal if it is satisfied that the informality, defect or error was not a
material one.

(4) Where the grounds upon which an appeal is brought include a ground
specified in paragraph (f), (g) or (h) of subsection (2), the appellant shall
within two days of the day on which the appeal is brought serve a copy of his
notice of appeal on each other person referred to and, in the case of any
appeal brought on any of the grounds specified in subsection (2), may within
that time serve a copy of his notice of appeal on any other person holding an
estate or interest in the building in question.

(5) On the hearing of an appeal by a person on whom a notice has been served
under section 12(1), a member or officer of the Authority and any person on
whom a copy of the notice of appeal is or may be served under subsection (4)
shall be entitled to appear and be heard and the court may either

(a)confirm, without modification or subject to such modifications, amendments
or additions as it thinks fit, the requirements of the Authority as specified
in the notice served under section 12(1) or, where an amended notice has been
sent under section 12(3)(d), in the amended notice; or

(b)annul those requirements;

(6) In exercising its powers under subsection (5) the court shall have regard

(a)as between an owner and a person to whom the building is let at a
rack rent, to the terms and conditions, whether contractual or statutory, of
the tenancy and to the nature of the works required; and

(b)in any case, to the degree of benefit to be derived by the different
persons concerned.

(7) The decision of a county court on an appeal under this section shall be
final and conclusive.

© 1969 Crown Copyright

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/fsai1969307/s13.html