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Appeal of substantive notice
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34. (1) A person on whom a substantive notice has been served may within 42 days of service of the notice appeal to—
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(a) the Labour Court, or
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(b) in the case of a notice that concerns an equality review or an equality action plan or a proposed review or plan which relates to matters to which the Act of 2000 applies, the District Court,
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in respect of the notice or any requirement therein.
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(2) Where an appeal is brought under this section, the Labour Court, or the District Court, as the case may be, may—
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(a) confirm the notice in whole or in part (with or without amendment of that notice), or
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(b) allow the appeal.
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(3) Where the Labour Court or the District Court, as the case may be, allows the appeal, the substantive notice shall cease to have effect.
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(4) Where the Labour Court, or the District Court, as the case may be, confirms a substantive notice, the notice as so confirmed, shall unless an appeal is brought under subsection (5) come into operation on the expiry of 56 days of the date of confirmation or such later date as the Court may determine.
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(5) A person may within 42 days appeal a confirmation of a substantive notice by the Labour Court or the District Court, as the case may be, to the Circuit Court.
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(6) Where the Circuit Court allows the appeal, the substantive notice shall cease to have effect.
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(7) Where the Circuit Court confirms the substantive notice (in whole or in part, with or without amendment), the notice as so confirmed shall come into operation on such date as the Circuit Court shall determine.
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(8) Any of the parties concerned may appeal a determination of the Circuit Court to the High Court on a point of law and the determination of the High Court on such an appeal in respect of the point of law shall be final and conclusive.
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(9) The jurisdiction conferred on the District Court or the Circuit Court, as the case may be, under this section shall be exercised by a judge of that court for the time being assigned to the district court district or circuit, as the case may be, in which the person on whom the substantive notice is served ordinarily resides or carries on any profession, business or occupation.
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