The Pyrotechnic Articles (Safety) Regulations 2010

Appeals against withdrawal noticesU.K.

This section has no associated Explanatory Memorandum

5.—(1) A person on whom a withdrawal notice has been served and a person having an interest in a pyrotechnic article in respect of which a withdrawal notice has been served may, before the end of the period of 21 days beginning with the day on which the notice was served, apply for an order to vary or set aside the terms of the notice.

(2) On an application under paragraph (1) the appropriate court shall make an order setting aside the notice only if satisfied that—

(a)the pyrotechnic article was not an article liable to endanger the health and safety of persons, or

(b)where applicable, regulation 38(1) (requirements regarding prohibitions etc) has not been complied with by, as the case may be, the Health and Safety Executive or the Secretary of State.

(3) On an application to vary the terms of a notice the appropriate court may vary the requirements specified in the notice as it considers appropriate.

(4) The appropriate court for the purposes of this paragraph is—

(a)the court in England and Wales or Northern Ireland in which proceedings have been brought in relation to the pyrotechnic article for—

(i)contravention of a provision of these Regulations;

(ii)an offence imposed by these Regulations;

(b)the employment tribunal seized of appeal proceedings against a notice which relates to the pyrotechnic article and which has been served under or by virtue of paragraph 1 of Schedule 4; or

(c)in any other case, a magistrates’ court in England and Wales or Northern Ireland, or in Scotland a sheriff for any sheriff court district in which a withdrawal notice has been served on a person.

(5) A person aggrieved by an order made pursuant to an application under paragraph (1) by a magistrates’ court in England, Wales or Northern Ireland, or by a decision of such a court not to make such an order, may appeal against that order or decision—

(a)in England and Wales, to the Crown Court;

(b)in Northern Ireland, to the county court.

(6) A person aggrieved by an order made by an employment tribunal pursuant to an application under paragraph (1) or by a decision of an employment tribunal not to make such an order, may—

(a)appeal against that order or decision in England and Wales to the High Court on a point of law in accordance with section 11(1) of the Tribunals and Inquiries Act 1992(1);

(b)seek review of the order or decision by the employment tribunal in accordance with Rules 34 to 36 of the Employment Tribunal Rules.

(7) For the purposes of this paragraph, “Employment Tribunal Rules” means the rules set out in Schedule 1 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004(2), as modified by the provisions of Schedule 4 to those Regulations.

Commencement Information

I1Sch. 4 para. 5 in force at 4.7.2010 for specified purposes, see reg. 1(3)

I2Sch. 4 para. 5 in force at 4.7.2013 in so far as not already in force, see reg. 1(2)

(1)

1992 c.53. There are amendments to this section which are not relevant.