PART IIIADMINISTRATION AND ENFORCEMENT
Appeals
AppealsC5C7C9C15C17C19C21C23C3037
C11C25C28C32C341
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,F1 the Food Standards Agency or 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,F1 the Food Standards Agency or 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.
C1C22
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 1981F2 .
C1C3C36F32A
The period within which such an appeal as is mentioned in paragraph (2) may be brought shall be—
C37a
one month from the date on which notice of the decision was served on the person desiring to appeal; or
C12b
in the case of an appeal under paragraph (1)(a), that period or the period specified in the improvement notice, whichever ends the earlier.
Appeals against improvement noticesC6C8C10C16C18C20C22C24C3138
C13C26C29C33C351
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.
C14C27C29C33C352
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.