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.