The Non-automatic Weighing Instruments (EEC Requirements) Regulations 1995

Review of decisions

Review of decisions of authorised persons under Part II

21.—(1) A person who is aggrieved by a decision given by an authorised person under regulation 16

(1) or 20

(1) (“the aggrieved person”) may, in accordance with paragraphs

(2) and

(3) of this regulation, apply to the Secretary of State to review the decision; and on such application the Secretary of State may—

(a) hold an inquiry in connection therewith; and

(b) appoint an assessor for the purposes of assisting him with his review or any such inquiry.

(2) An application under paragraph (1)

above shall be made by notice to the Secretary of State, and shall be sent to him not later than twenty-one days after the date when notice of the decision in respect of which the application for review is sent to the aggrieved person.

(3) A notice of application for review under this regulation shall state the grounds on which the application is made.

(4) The Secretary of State, within a reasonable time, shall in writing inform the aggrieved person and the authorised person of his decision whether to uphold the decision of the authorised person and—

(a) in a case where he upholds the decision of the authorised person, shall also state the grounds for his decision; and

(b) in a case where he does not uphold the decision of the authorised person, may—

(i) where the review relates to regulation 16, instruct the authorised person to withdraw the notice given by him under paragraph (1) of that regulation; or

(ii) where the review relates to regulation 20, instruct the authorised person to withdraw the notice given by him under paragraph (1) of that regulation,

as the case may require.

Judicial review of decisions under Part II

22.—(1) A person aggrieved by a decision—

(a) of the Secretary of State under regulation 10(7) or (9)(b), 12(5) or 21(4) or

(b) of an approved body under regulation 11(5) or 13(6),

shall, at the same time as he is notified of the decision, be given information about the judicial remedies available to him.

(2) That information shall include—

(a) a brief statement of the procedure by which judicial review may be applied for in accordance with Rules of Court (or, in Northern Ireland, with rules of court made, or having effect as if made, under section 55 of the Judicature (Northern Ireland) Act 1978(1); and

(b) the information that in England and Wales or in Northern Ireland, an application for leave to apply to the Court for judicial review shall be made promptly and in any event within three months from the date when grounds for the application first arose unless the court considers that there is good reason for extending the period within which the application shall be made.

(1)

1978 c. 23.