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8.—(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 Ireland(1) 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.
In Scotland the making of, or refusal to make, an order by a sheriff is subject to appeal in accordance with sections 27 and 28 of the Sheriff Courts (Scotland) Act 1907 (c.51), as amended.
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