CHAPTER 293
LOCAL GOVERNMENT AUTHORITIES (DECORATION OF BUILDINGS) ACT

[SUBSIDIARY LEGISLATION]

INDEX TO SUBSIDIARY LEGISLATION

   REGULATIONS

      The Local Government Authorities (Decoration of Buildings) (Appeals) Regulations

      The Local Government Authorities (Decoration of Buildings) (Prescribed Forms) Regulations

REGULATIONS

THE LOCAL GOVERNMENT AUTHORITIES (DECORATION OF BUILDINGS) (APPEALS) REGULATIONS

(Section 13)

G.N. No. 181 of 1968

1.   Citation

   These Regulations may be cited as the Local Government Authorities (Decoration of Buildings) (Appeals) Regulations.

2.   Interpretation

   In these Regulations–

   "Act" means the Local Government Authorities (Decoration of Buildings) Act *;

   "appellant" means a person entitled to appeal under the provisions of section 5 of the Act and a person who wishes to apply for leave to appeal in accordance with regulation 7.

3.   Form of appeal and contents of memorandum

   (1) Every appeal under the provisions of section 5 of the Act shall be preferred in the form of a written memorandum of appeal which shall be lodged with the Minister in triplicate within thirty days of the service of the appellant of a notice under section 3 or section 4 of the Act.

   (2) Every memorandum of appeal shall set forth concisely and under distinct heads, which shall be numbered consecutively, the grounds of the appellant's objection to the notice served upon him and shall be signed by the appellant.

   (3) A copy of the notice appealed against shall be attached to the memorandum of appeal.

4.   Statement as to service in certain cases

   Where the grounds upon which an appeal is brought include a ground specified in paragraph (e) of subsection (2) of section 5 of the Act the memorandum of appeal shall, when lodged with the Minister, be accompanied by a statement as to the service of a copy of such memorandum on the other person referred to in that paragraph, setting out–

   (a)   the full name and address of the other person;

   (b)   the mode of service; and

   (c)   the place, time and date of service.

5.   Rejection or amendment of memorandum

   Where a memorandum of appeal is not drawn up or lodged in the manner and with the other documents prescribed under regulation 4 the Minister may reject it or return it to the appellant for the purpose of being amended within a time to be specified by the Minister.

6.   Notification of appeal and written submissions by other parties

   (1) When a memorandum of appeal has been duly lodged with the Minister in accordance with these Regulations he shall forward one copy of the memorandum to the authority which served the notice appealed against, and he may require such authority to lodge with him its written submissions if any, within such time as he may specify being not less than twenty-one days from the date on which the copy of the memorandum is forwarded to the authority.

   (2) In every case where a copy of a memorandum of appeal is required to be served by the appellant on some other person, the Minister shall notify that other person when the memorandum of appeal has been duly lodged and may require that person to lodge his written submissions if any, within such time as the Minister may specify being not less than twenty-one days from the date on which the notification is forwarded to such other person.

   (3) Where written submissions are not lodged within the time specified by the Minister under this regulation he may proceed to consider and determine the appeal in the absence of such submissions.

7.   Application for leave to appeal out of time

   (1) An appellant who fails to lodge a memorandum of appeal within the time prescribed in regulation 3, or fails to lodge an amended memorandum of appeal within the time specified by the Minister under regulation 5, may apply to the Minister for leave to appeal out of time.

   (2) An application under this regulation shall–

   (a)   be in writing;

   (b)   set out the reasons for the delay in appealing;

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