PART 5MARKET SURVEILLANCE AND ENFORCEMENT
Appeals against notices69
1
An application for an order to vary or set aside the terms of a notice served under these Regulations may be made—
a
by the economic operator on whom the notice has been served;
b
in the case of a notice other than a recall notice, by a person having an interest in the product in respect of which the notice has been served.
2
An application shall be made before the end of the period of 21 days beginning with the day on which the notice was served.
3
The appropriate court may only make an order setting aside a notice served under these Regulations if satisfied—
a
that the product to which the notice relates is in conformity with Part 2 and does not present a risk; or
b
that the Executive failed to comply with regulation 54 (Exercise of enforcement powers) when serving the notice.
4
On an application to vary the terms of a notice served under these Regulations, the appropriate court may vary the terms of the notice as it considers appropriate.
5
In this regulation—
a
the “appropriate court” is to be determined in accordance with regulation 70 (Appropriate court for appeals against notices); and
b
“notice” means any of the following—
i
a notice to warn served in accordance with Schedule 4 (Enforcement powers of the Health and Safety Executive for Northern Ireland under the 1978 Order);
ii
a suspension notice served in accordance with Schedule 4;
iii
a compliance notice served in accordance with Schedule 5 (Compliance, withdrawal and recall notices);
iv
a withdrawal notice served in accordance with Schedule 5;
v
a recall notice served in accordance with Schedule 5.