Control of Horses Act, 1996
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Appeals against refusal to grant, or suspension, revocation or amendment of, horse licence. |
23.—(1) Whenever a local authority proposes to refuse to grant or to suspend or revoke, or amend the terms or conditions of, a horse licence the authority shall notify in writing the applicant or the holder of the licence, as the case may be, of the proposal and shall, if any representations are made to it in writing by such applicant or holder within 14 days of the notification, consider the representations. | |
(2) Whenever a local authority, having considered any representations that may have been made to it under subsection (1), decides to refuse to grant or to suspend or revoke, or amend the terms or conditions of, a horse licence, it shall notify in writing the applicant for or, as the case may be, the holder of the licence of the decision and the grounds for such decision and such applicant or holder may within 14 days of receipt of notification appeal against such decision to the judge of the District Court within whose district court district the horse to which the licence relates is kept. | ||
(3) A decision referred to in subsection (2) shall take effect after the expiration of the period allowed for the appeal under that subsection. | ||
(4) Where an appeal is made under subsection (2) in respect of a refusal to grant a horse licence or of a suspension or revocation or amendment of a horse licence, then the refusal, suspension, revocation or amendment, as the case may be, shall stand suspended until the appeal is determined or withdrawn. | ||
(5) Notwithstanding section 20 (6), any horse licence held by the appellant and in force at the time of an appeal under subsection (2) which is— | ||
(a) in the case of an appeal against a refusal to grant a horse licence, in respect of the horse the subject of the refusal and granted by the local authority so refusing to grant another licence in respect of it, or | ||
(b) in the case of an appeal against the suspension, revocation or amendment of a horse licence, the subject thereof, | ||
shall continue in force until the determination or withdrawal of the appeal. | ||
(6) On the hearing of an appeal under subsection (2) in relation to a decision of a local authority to refuse to grant or to suspend, revoke or amend a horse licence the District Court may either confirm the decision or allow the appeal and, where an appeal is allowed, the local authority concerned shall grant the horse licence or shall not suspend or revoke or amend the licence, as the case may be. | ||
(7) A decision of the District Court on an appeal under subsection (2) shall be final save that, by leave of the Court, an appeal from the decision shall lie to the High Court on a specified question of law. |