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SCHEDULES

SCHEDULE 2U.K. Prohibition Notices and Notices to Warn

Modifications etc. (not altering text)

C1Sch. 2 applied (with modifications) (7.6.2000) by S.I. 2000/1315, reg. 18(6)

Part IU.K. Prohibition Notices

3(1)Where representations in writing about a prohibition notice are made by the trader to the Secretary of State at any time after a person has been appointed to consider representations about that notice, then, whether or not the appointed person has made a report to the Secretary of State, the following provisions of this paragraph shall apply instead of paragraph 2 above.U.K.

(2)The Secretary of State shall, before the end of the period of one month beginning with the day on which he receives the representations, serve a notification on the trader which states—

(a)that the Secretary of State has decided to revoke the notice, has decided to vary it or, as the case may be, has decided neither to revoke nor to vary it; or

(b)that, a person having been appointed to consider representations about the notice, the trader may, at a place and time specified in the notification, make oral representations to the appointed person for the purpose of establishing that the goods to which the notice relates are safe.

(3)The time specified in a notification served for the purposes of sub-paragraph (2)(b) above shall not be before the end of the period of twenty-one days beginning with the day on which the notification is served, unless the trader otherwise agrees or the time is the time already specified for the purposes of paragraph 2(2)(b) above.

(4)A person on whom a notification has been served for the purposes of sub-paragraph (2)(b) above or his representative may, at the place and time specified in the notification—

(a)make oral representations to the appointed person for the purpose of establishing that the goods in question are safe; and

(b)call and examine witnesses in connection with the representations.