The Ecodesign for Energy-Related Products Regulations 2010

Regulation 11

SCHEDULE 3 Appeals

1.  This Schedule makes provision in respect of appeals against decisions of notified bodies.

2.  An appeal must be made within two months of the date of the decision, but the parties to the appeal may agree a late appeal.

3.  Where an appeal is brought, the operation of the decision is not suspended.

4.—(1) The appeal procedure for the purposes of Article 4(7) of the Marketing Decision is as follows.

(2) A person to whom a decision is given—

(a) may give notice of appeal against that decision; and

(b) must be informed of that right in the decision.

5.  An appeal must be heard by the appeal body.

6.  Subject to paragraph 7, the appeal body is the body agreed by the parties to the appeal.

7.—(1) If no agreement is reached within a reasonable time, either party may apply in writing to the relevant person who must appoint the appeal body.

(2) For the purposes of sub-paragraph (1), the relevant person means—

(a) in England and Wales, the Secretary of State;

(b) in Scotland, the Scottish Ministers;

(c) in Northern Ireland, the Department of Enterprise, Trade and Investment.

8.  On the determination of an appeal, the appeal body may affirm the decision or withdraw it and may do so subject to such conditions as the appeal body sees fit.