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The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012

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This is the original version (as it was originally made).

Appeals against compliance, enforcement and recall notices

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7.—(1) An application for an order to vary or set aside the terms of a compliance, enforcement or recall notice may be made—

(a)in the case of a compliance, enforcement or recall notice, by the economic operator on whom the notice has been served; and

(b)in the case of a compliance or enforcement notice, by a person having an interest in the product in respect of which that notice has been served.

(2) An application must be made before the end of the period of 21 days beginning with the day on which the notice was served.

(3) The appropriate court (as determined in accordance with paragraph 8) may only make an order setting aside a compliance, enforcement or recall notice if satisfied—

(a)that the EEE is not an infringing EEE;

(b)that the alleged breach is not a breach; or

(c)that the serving of the notice was not proportionate.

(4) On an application to vary the terms of a compliance, enforcement or recall notice, the appropriate court may vary the terms of the notice as it considers appropriate.

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