The Fluorinated Greenhouse Gases Regulations (Northern Ireland) 2009

Appeals against enforcement or prohibition notices

45.—(1) A person who is aggrieved by an enforcement or a prohibition notice may appeal to a court of summary jurisdiction.

(2) The procedure on an appeal is by way of notice under Part VII of the Magistrates’ Courts (Northern Ireland) Order 1981(1).

(3) The period within which an appeal may be brought is—

(a) 28 days from the date upon which the notice was issued; or

(b) in the case of a prohibition notice, such shorter period as may be specified in the notice.

(4) An enforcement notice or prohibition notice must state—

(a) that the person on whom the notice in question is served has the right of appeal; and

(b) the period in which the appeal may be brought.

(5) Where an appeal is brought against an enforcement notice, that notice must be of no effect pending the final determination or the withdrawal of the appeal.

(6) Where—

(a) a prohibition notice is quashed on appeal; and

(b) the person on whom it was served has suffered loss or incurred expenditure in complying with that notice,

the enforcing authority must pay to that person an amount equal to the loss suffered or the expenditure incurred.

(7) Any dispute under paragraph (6) as to the loss suffered or expenditure incurred must be determined by arbitration.

(1)

1981 No 1675 (NI 26)