The Food Safety(Northern Ireland) Order 1991

Appeals

Appeals

37.—(1) Any person who is aggrieved by—

(a) a decision of an authorised officer to serve an improvement notice;

(b) a decision of a district council or, as the case may be, the Department of Agriculture to refuse to issue such a certificate as is mentioned in Article 10(6) or 11(8); or

(c) subject to paragraph (2), a decision of a district council or, as the case may be, the Department of Agriculture to refuse, cancel, suspend or revoke a licence required by regulations under Part II,

may appeal to a court of summary jurisdiction.

(2) The procedure on an appeal to a court of summary jurisdiction under paragraph (1), or an appeal to such a court for which provision is made by regulations under Part II, shall be by way of notice under Part VII of the Magistrates' Courts (Northern Ireland) Order 1981(1).

(3) In any case where such an appeal as is mentioned in paragraph (2) lies, the document notifying the decision to the person concerned shall state—

(a) the right of appeal to a court of summary jurisdiction; and

(b) the period within which such an appeal may be brought.

Appeals against improvement notices

38.—(1) On an appeal against an improvement notice, the court may either cancel or affirm the notice and, if it affirms it, may do so either in its original form or with such modifications as the court may in the circumstances think fit.

(2) Where, apart from this paragraph, any period specified in an improvement notice would include any day on which an appeal against that notice is pending, that day shall be excluded from that period.

(3) An appeal shall be regarded as pending for the purposes of paragraph (2) until it is determined or abandoned.

(1)

1981 NI 26