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The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013
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- UK Statutory Instruments
- 2013 No. 1506
- PART 3
- CHAPTER 3
- Regulation 27
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27.—(1) A person on whom an enforcement notice is served may, within 21 days from the date of its service, appeal to—U.K.
(a)an employment tribunal, where the notice is served by an inspector appointed under section 19 of the 1974 Act; or
(b)an industrial tribunal established under Article 3 of the Industrial Tribunals (Northern Ireland) Order 1996(1), where the notice is served by an inspector appointed under Article 21 of the 1978 Order,
and on such an appeal the tribunal 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 tribunal in the circumstances thinks fit.
(2) [F1Schedule 1 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013] applies to an appeal to an employment tribunal under paragraph (1)(a).
(3) An enforcement notice is to be treated under paragraph (2) in the same way as an improvement notice for the purposes of that Schedule.
(4) [F2Rule 102 of Schedule 1 to the Industrial Tribunals and Fair Employment Tribunal (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2020] applies to an appeal to an industrial tribunal under paragraph (1)(b).
(5) An enforcement notice is to be treated under paragraph (4) in the same way as an improvement notice for the purposes of that Schedule.
(6) Subject to paragraph (7), the bringing of the appeal shall not affect the operation of the enforcement notice.
(7) Where an appeal under this regulation is brought against an enforcement notice within the period allowed under paragraph (1), the tribunal may, on the application of the appellant, direct that the bringing of the appeal shall have the effect of suspending the operation of the notice until the appeal is finally disposed of or, if the appeal is withdrawn, until the withdrawal of the appeal.
Textual Amendments
F1Words in reg. 27(2) substituted (E.W.S.) (1.3.2014) by virtue of The Employment Tribunals (Constitution and Rules of Procedure) (Consequential Amendments) Regulations 2013 (S.I. 2013/1948), regs. 1, 2
F2Words in reg. 27(4) substituted (N.I.) (27.1.2020) by The Industrial Tribunals and Fair Employment Tribunal (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2020 (S.R. 2020/3), reg. 1(2), Sch. 4 para. 9 (with reg. 18)
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