Health Act 1947

F51[Appeal against order

31AK

31AK.(1) An appeal to the Circuit Court against a cessation order shall not have the effect of suspending the operation of the order unless the Circuit Court, on application made to it by the appellant, suspends the operation of the order pending the determination of the appeal.

(2) The Circuit Court shall give such priority to an appeal referred to in subsection (1) or an application under that subsection as is necessary in the circumstances and may give such directions with regard to the hearing of the appeal or the application as it considers appropriate in the circumstances.

(3) On the hearing of the appeal, the Circuit Court may—

(a) affirm, revoke or vary the cessation order concerned, and

(b) make such other order (if any) in relation to the relevant indoor premises as it considers appropriate.]

Annotations

Amendments:

F51

Inserted (25.07.2021 to 9.10.2021, extended to 9.01.2022, 31.03.2022) by Health (Amendment) (No. 2) Act 2021 (24/2021), s. 3, S.I. No. 383 of 2021, subject to s. 1(3). The period was extended from 10 October 2021 to 9 January 2022 by Resolution of Dáil Éireann: Debates Volume 1012 No. 2, 6 October 2021 - Health (Amendment) (No. 2) Act 2021: Motion, and by Resolution of Seanad Éireann: Debates Volume 279 No. 2, 6 October 2021, Health (Amendment) (No. 2) Act 2021: Motion. It was again extended from 10 January 2022 to 31 March 2022 (10.01.2022) by the amendment of s. 1(3) by Health and Criminal Justice (Covid-19) (Amendment) (No. 2) Act 2021 (46/2021), s. 4, commenced as per s. 5(3).