The Food Safety (Fishery Products and Live Shellfish) (Hygiene) Regulations 1998

Appeals against decisions under this Part to refuse to register or to grant an approval or against any conditions or limitations in such approvals

27.—(1) A person who is aggrieved by a decision taken by a food authority—

(a) to refuse to grant an approval for a factory vessel or fishery products establishment;

(b) to impose any limitation or condition in an approval granted for a factory vessel or fishery products establishment; or

(c) to refuse to register an auction or wholesale market,

may appeal to a magistrates' court or, in Scotland, to the sheriff, and section 37(3) to (6) of the Act shall apply in relation to such an appeal as it applies in relation to an appeal under section 37(1)(c) of the Act.

(2) Where an appeal against a limitation as to the particular activities approved, the method of operation approved or the intensity of use approved is brought in accordance with paragraph (1)(b), the appellant may continue to operate the establishment or vessel free of the limitation which is being appealed against while the appeal is pending, and an appeal shall be regarded as pending for these purposes until it is finally disposed of, is struck out for want of prosecution or is withdrawn.

(3) Where an appeal is brought in accordance with paragraph (1), the court may—

(a) affirm any decision to refuse an approval or to register;

(b) accept an application to register;

(c) grant an approval either in its original form or with such modifications as the court may in the circumstances think fit;

(d) remit the matter to the food authority with the court’s opinion on it; or

(e) make such other order in relation to the matter as the court thinks fit.