PART 3ADMINISTRATION AND ENFORCEMENT

Right of appeal20

1

Any person who is aggrieved by–

a

a decision of an authorised officer of an enforcement authority to serve a hygiene improvement notice;

b

a decision of an enforcement authority to refuse to issue a certificate under regulation 7(6) or 8(8); or

c

a decision of an authorised officer of an enforcement authority to serve a remedial action notice,

may appeal to the sheriff.

2

An appeal to the sheriff under paragraph (1) shall be by way of summary application.

3

The period within which an appeal under paragraph (1) may be brought shall be–

a

1 month from the date on which notice of the decision was served on the person desiring to appeal; or

b

in the case of an appeal against a decision to issue a hygiene improvement notice, the period specified in sub-paragraph (a) or, if it is shorter, the period specified in the notice pursuant to regulation 6(1)(d).

4

Where an appeal under paragraph (1)(b) is granted, the authority concerned shall give effect to the determination of the sheriff.