Local Government (Miscellaneous Provisions) Act 1976
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Change 1
As published
77 Appeals.
(1) Sections 300 to 302 of the Act of 1936, which relate to appeals, shall have effect as if this Part of this Act were part of that Act.
(2) If any requirement, refusal or other decision of a district council against which a right of appeal is conferred by this Act—
(a) involves the execution of any work or the taking of any action; or
(b) makes it unlawful for any person to carry on a business which he was lawfully carrying on up to the time of the requirement, refusal or decision;
then, until the time for appealing has expired, or, when an appeal is lodged, until the appeal is disposed of or withdrawn or fails for want of prosecution—
(i) no proceedings shall be taken in respect of any failure to execute the work, or take the action; and
(ii) that person may carry on that business.
(3) Subsection (2) of this section does not apply in relation to a decision under subsection (1) of section 61 of this Act which has immediate effect in accordance with subsection (2B) of that section.
(4) On an appeal under this Part of this Act or an appeal under section 302 of the Act of 1936 as applied by this section, the court is not entitled to entertain any question as to whether—
(a) a person should be, or should have been, granted leave to enter or remain in the United Kingdom; or
(b) a person has, after the date of the decision being appealed against, been granted leave to enter or remain in the United Kingdom.
Your change, as a redline
77 Appeals.
(1) Sections 300 to 302 of the Act of 1936, which relate to appeals, shall have effect as if this Part of this Act were part of that Act.
(2) If any requirement, refusal or other decision of a district council against which a right of appeal is conferred by this Act—
(a) involves the execution of any work or the taking of any action; or
(b) makes it unlawful for any person to carry on a business which he was lawfully carrying on up to the time of the requirement, refusal or decision;
then, until the time for appealing has expired, or, when an appeal is lodged, until the appeal is disposed of or withdrawn or fails for want of prosecution—
(i) no proceedings shall be taken in respect of any failure to execute the work, or take the action; and
(ii) that person may carry on that business.
(3) Subsection (2) of this section does not apply in relation to a decision under subsection (1) of section 61 of this Act which has immediate effect in accordance with subsection (2B) of that section.
(4) On an appeal under this Part of this Act or an appeal under section 302 of the Act of 1936 as applied by this section, the court is not entitled to entertain any question as to whether—
(a) a person should be, or should have been, granted leave to enter or remain in the United Kingdom; or
(b) a person has, after the date of the decision being appealed against, been granted leave to enter or remain in the United Kingdom.
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