The Marketing of Fruit Plant and Propagating Material Regulations (Northern Ireland) 2017

Appeals against enforcement notices etc.N.I.

This section has no associated Explanatory Memorandum

22.—(1) Any person who is aggrieved by a decision of an inspector to serve a notice under this Part may appeal to a magistrates' court.

(2) The procedure on appeal to a magistrates' court is by way of notice and Part VII of the Magistrates' Courts (Northern Ireland) Order 1981 M1 applies to the proceedings.

(3) The period within which an appeal must be brought is 28 days from the service of the notice or, in the case of an enforcement notice, the period specified in the notice, whichever ends earlier.

(4) A notice served under this Part must state—

(a)the right of appeal to a magistrates' court; and

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

(5) On an appeal under this regulation, the court may either cancel or affirm the notice and, if it affirms the notice, it may do so either in its original form or with such modifications as it thinks fit.

Marginal Citations

M11981/1675 (N.I. 26)