SCHEDULE 3Compliance, enforcement and recall notices

Appropriate court for appeals against notices etc and further appeals8

1

In England and Wales or Northern Ireland the appropriate court for the purposes of paragraph 7 is—

a

the court in which proceedings have been brought for an offence under regulation 37(1)(a), (2)(a) or (3)(a) or paragraph 9 of this Schedule; or

b

in any other case a magistrates’ court in England and Wales or Northern Ireland.

2

In Scotland the appropriate court for the purposes of paragraph 7 is the sheriff for a sheriff court district in which a compliance, enforcement or recall notice has been served on an economic operator.

3

A person aggrieved by an order made by a magistrates’ court in England, Wales or Northern Ireland19 pursuant to an application under paragraph 7(1), 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.