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FENCES ACT 1975 - SECT 23

FENCES ACT 1975 - SECT 23

23—Departures from requirements of this Act

        (1)         A notice or cross-notice that complies in substance with the requirements of this Act shall, notwithstanding that it is not in the form required by this Act, be deemed to comply with this Act.

        (2)         Where fencing work is carried out substantially in conformity with an agreement or order under this Act, the court before which any proceedings relating to the fencing work are brought may determine that subject to any adjustment or rights and liabilities ordered by the court, the rights and liabilities of the adjoining owners shall be determined as if the fencing work had been carried out in conformity with that agreement or order.

        (3)         Where a determination is made under subsection (2) of this section the rights and liabilities of the adjoining owners shall be determined in accordance with that determination.

        (4)         The court may not, when determining a matter in a minor civil action under this Act, exercise any discretionary power to disregard a requirement or provision of this Act or to provide a special form of relief that the court would (but for this subsection) be able to exercise only by virtue of the provisions of the Magistrates Court Act 1991 relating to minor civil actions.