PART 5E+W+SMarket surveillance and enforcement

Appropriate court for appeals against noticesE+W+S

70.—(1) In England and Wales, the appropriate court for the purposes of regulation 69 is—

(a)the court in which proceedings have been brought in relation to the product for an offence under regulation 61 (offences),

(b)an employment tribunal seized of appeal proceedings against a notice which relates to the product and which has been served under or by virtue of paragraph 1 of Schedule 4 (Enforcement powers of the Health and Safety Executive and the Office for Nuclear Regulation under the 1974 Act), or

(c)in any other case, a magistrates’ court.

(2) In Scotland, the appropriate court for the purposes of regulation 69 is—

(a)the sheriff of a sheriffdom in which the person making the appeal resides or has a registered or principal office, or

(b)an employment tribunal seized of appeal proceedings against a notice which relates to the product and which has been served under or by virtue of paragraph 1 of Schedule 4 (Enforcement powers of the Health and Safety Executive and the Office for Nuclear Regulation under the 1974 Act).

(3) A person aggrieved by an order made by a magistrates’ court in England and Wales pursuant to an application under regulation 69, or by a decision of such a court not to make such an order, may appeal against that order or decision in England and Wales, to the Crown Court.

Commencement Information

I1Reg. 70 in force at 8.12.2016, see reg. 1(1)