Part 7Security of Pathogens and Toxins

71C1 Other appeals

1

Any person who is required to do any act in response to—

a

any notice under section 60, or

b

any directions under section 62 or 63,

may appeal to a magistrates’ court against the requirement on the ground that, having regard to all the circumstances of the case, it is unreasonable to be required to do that act.

2

An appeal may not be brought after the end of the period of one month beginning with the day on which the notice or directions were given.

3

If the magistrates’ court allows the appeal, it may—

a

direct that the required act need not be done; or

b

make such modification of the requirement as it considers appropriate.

4

An appeal shall lie to the Crown Court against any decision of the magistrates’ court.

5

Subsections (1) to (3) apply to Scotland with the substitution for references to the magistrates’ court of references to the sheriff.

6

The appeal to the sheriff is by way of summary application.

7

A further appeal shall lie—

a

to the sheriff principal from the decision of the sheriff; and

b

with the leave of the sheriff principal, to the Court of Session from the decision of the sheriff principal.

8

In the application of this section to Northern Ireland references to a magistrates’ court are to a court of summary jurisdiction.