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Part IIIE+W+S ADMINISTRATION AND ENFORCEMENT

Modifications etc. (not altering text)

C1Pts. I-III (ss. 1-39): functions transferred (10.1.1992) by S.I. 1991/2913, art. 8, Sch. 2

Pts. I-III (ss. 1-39): certain functions transferred (7.8.1991) by S.I. 1991/1773, art. 8(1)(3), Sch. 2

C2Pts. I-III (ss. 1-39) applied (with modifications) (7.8.1991) by S.I. 1991/1773, art. 8(2)(3), Sch. 2

C5Pt. III applied (with modifications) (E.) (24.3.2011) by The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 9, Sch. 2

AppealsE+W+S

37 Appeals to magistrates’ court or sheriff.E+W+S

(1)Any person who is aggrieved by—

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

(b)a decision of an enforcement authority to refuse to issue such a certificate as is mentioned in section 11(6) or 12(8) above; or

(c)subject to subsection (2) below, a decision of such an authority to refuse, cancel, suspend or revoke a licence required by regulations under Part II of this Act,

may appeal to a magistrates’ court or, in Scotland, to the sheriff.

(2)Subsection (1)(c) above shall not apply in relation to any decision as respects which regulations under Part II of this Act provide for an appeal to a tribunal constituted in accordance with the regulations.

(3)The procedure on an appeal to a magistrates’ court under subsection (1) above, or an appeal to such a court for which provision is made by regulations under Part II of this Act, shall be by way of complaint for an order, and the M1Magistrates’ Courts Act 1980 shall apply to the proceedings.

(4)An appeal to the sheriff under subsection (1) above, or an appeal to the sheriff for which provision is made by regulations under Part II of this Act, shall be by summary application.

(5)The period within which such an appeal as is mentioned in subsection (3) or (4) above may be brought shall be—

(a)one month from the date on which notice of the decision was served on the person desiring to appeal; or

(b)in the case of an appeal under subsection (1)(a) above, that period or the period specified in the improvement notice, whichever ends the earlier;

and, in the case of such an appeal as is mentioned in subsection (3) above, the making of the complaint shall be deemed for the purposes of this subsection to be the bringing of the appeal.

(6)In any case where such an appeal as is mentioned in subsection (3) or (4) above lies, the document notifying the decision to the person concerned shall state—

(a)the right of appeal to a magistrates’ court or to the sheriff; and

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

Modifications etc. (not altering text)

C6S. 37 applied (with modifications) (2.9.2013) by The Fish Labelling Regulations 2013 (S.I. 2013/1768), regs. 1(1)(b), 8

C7S. 37 applied (with modifications) (26.9.2013) by The Fish Labelling (Wales) Regulations 2013 (S.I. 2013/2139), regs. 1(2), 6

C10S. 37(1)(6) applied (with modifications) (20.11.2013) by The Fruit Juices and Fruit Nectars (England) Regulations 2013 (S.I. 2013/2775), regs. 1(2), 18(1)

C11S. 37(1)(6) applied (with modifications) (20.11.2013) by The Fruit Juices and Fruit Nectars (Wales) Regulations 2013 (S.I. 2013/2750), regs. 1(2), 18(1) (with reg. 22(2))

C12S. 37(1)(6) applied (with modifications) (19.9.2014 for specified purposes, 13.12.2014 for specified purposes) by The Food Information (Wales) Regulations 2014 (S.I. 2014/2303), reg. 1(3)(4)(b)(5)(b)12(3), Sch. 4 Pt. 3 (with reg. 12(6))

C13S. 37(1)(6) applied (with modifications) (13.12.2014) by The Products Containing Meat etc. (England) Regulations 2014 (S.I. 2014/3001), reg. 7(3) (with reg. 3)

C16S. 37(1)(6) applied (with modifications) (24.6.2015) by The Honey (England) Regulations 2015 (S.I. 2015/1348), reg. 1(1), Sch. 2 (with regs. 4, 5)

C17S. 37(1)(6) applied (with modifications) (3.8.2015) by The Honey (Wales) Regulations 2015 (S.I. 2015/1507), reg. 1(2), Sch. 2 (with reg. 22)

C20S. 37(1)(6) applied (with modifications) by S.I. 2003/3207, reg. 10A(4), Sch. 9 Pt. 4 (as inserted (20.7.2016) by The Food for Specific Groups (Information and Compositional Requirements) (England) Regulations 2016 (S.I. 2016/688), reg. 1(3), Sch. 3 para. 3(b)(c)) (as amended (1.3.2017) by S.I. 2017/62, regs. 1(3), 4)

C21S. 37(1)(6) applied (with modifications) by S.I. 2009/3051, reg. 3A(4), Sch. 2 Pt. 4 (as inserted (20.7.2016) by The Food for Specific Groups (Information and Compositional Requirements) (England) Regulations 2016 (S.I. 2016/688), reg. 1(3), Sch. 3 para. 5(a)(c)) (as amended (1.3.2017) by S.I. 2017/62, regs. 1(3), 4)

C22S. 37(1)(6) applied (with modifications) by S.I. 2007/3521, reg. 28A(4), Sch. Pt. 4 (as inserted (20.7.2016) by The Food for Specific Groups (Information and Compositional Requirements) (England) Regulations 2016 (S.I. 2016/688), reg. 1(3), Sch. 3 para. 4(b)(c)) (as amended (1.3.2017) by S.I. 2017/62, regs. 1(3), 4)

C23S. 37(1)(6) applied (with modifications) by S.I. 1997/2182, reg. 6A(4), Sch. 3 Pt. 4 (as inserted (20.7.2016) by The Food for Specific Groups (Information and Compositional Requirements) (England) Regulations 2016 (S.I. 2016/688), reg. 1(3), Sch. 3 para. 1(h)(j)) (as amended (1.3.2017) by S.I. 2017/62, regs. 1(3), 4)

C24S. 37(1)(6) applied (with modifications) by S.I. 2000/845, reg. 5A(4), Sch. Pt. 4 (as inserted (20.7.2016) by The Food for Specific Groups (Information and Compositional Requirements) (England) Regulations 2016 (S.I. 2016/688), reg. 1(3), Sch. 3 para. 2(b)(c)) (as amended (1.3.2017) by S.I. 2017/62, regs. 1(3), 4)

C25S. 37(1)(c) applied (1.1.1993 for certain purposes and 15.1.1993 otherwise) by S.I. 1992/3164, regs. 1, 19(3) (which S.I. was revoked (29.4.1998) by S.I. 1998/994, reg. 59(1), Sch. 5)

S. 37(1)(c) applied (1.1.1993 for certain purposes and 15.1.1993 otherwise) by S.I. 1992/3163, regs. 1, 18(3) (which S.I. was revoked (29.4.1998) by S.I. 1998/994, reg. 59(1), Sch. 5)

C26S. 37(3)-(6) applied (with modifications) (1.4.1995) by S.I. 1995/539, reg. 10(12)

S. 37(3)-(6) applied (with modifications) (9.5.1995) by S.I. 1995/1086, regs. 4(7), 6(7), 8(6)

C27S. 37(3)(5)(6) applied (E.) (21.5.2001) by S.I. 2001/1553, reg. 6(2)

S. 37(3)(5)(6) applied (W.) (1.8.2001) by S.I. 2001/2219, reg. 6(2)

C35S. 37(3) applied (with modifications) (22.8.2007) by Eggs and Chicks (England) Regulations 2007 (S.I. 2007/2245), regs. 1(2), 18(3) (with reg. 1(4)(5))

C38S. 37(3) applied (with modifications) (17.4.2009) by Eggs and Chicks (Wales) Regulations 2009 (S.I. 2009/793), regs. 1(2), 18(3) (with reg. 1(4)(5))

C40S. 37(3) applied (with modifications) (16.7.2010) by The Eggs and Chicks (Wales) Regulations 2010 (S.I. 2010/1671), regs. 1(1), 23(3)

C41S. 37(4)-(6) applied (with modifications) (15.6.1995) by S.I. 1995/1372, regs. 4(8), 8(5) (with regs. 4(7), 6(7), 8(4) )

S. 37(4)-(6) applied (S.) (21.5.2001) by S.S.I. 2001/169, reg. 6(2)

C53S. 37(5)(6) applied (with modifications) (22.8.2007) by Eggs and Chicks (England) Regulations 2007 (S.I. 2007/2245), regs. 1(2), 18(3) (with reg. 1(4)(5))

C56S. 37(5)(6) applied (with modifications) (17.4.2009) by Eggs and Chicks (Wales) Regulations 2009 (S.I. 2009/793), regs. 1(2), 18(3) (with reg. 1(4)(5))

C58S. 37(5) applied (with modifications) (16.7.2010) by The Eggs and Chicks (Wales) Regulations 2010 (S.I. 2010/1671), regs. 1(1), 23(3)

C61S. 37(6) applied (with modifications) (16.7.2010) by The Eggs and Chicks (Wales) Regulations 2010 (S.I. 2010/1671), regs. 1(1), 23(3)

Marginal Citations