The Construction Products Regulations 2013

Appeals against detention of products

19.—(1) Any person having an interest in any construction products which are for the time being detained under any provision of this Part by an enforcement authority or by an officer of such an authority may apply for an order requiring the products to be released to that person or to another person.

(2) An application under this regulation may be made—

(a) to any magistrates’ court in which proceedings have been brought in England and Wales or Northern Ireland—

(i) for an offence in relation to the products under any provision of Part 2, or

(ii) for the forfeiture of the products under regulation 8;

(b) where no such proceedings have been so brought, by way of complaint to a magistrates’ court; or

(c) in Scotland, by summary application to the sheriff.

(3) On an application under this regulation to a magistrates’ court or to the sheriff, an order requiring products to be released may be made only if the court or sheriff is satisfied—

(a) that proceedings—

(i) for an offence in relation to the products under any provision of Part 2, or

(ii) for the forfeiture of the products under regulation 8 or 9,

have not been brought or, having been brought, have been concluded without the products being forfeited;

(b) that no procedures are pending in relation to the products involving other Member States or the Commission under Article 56 (procedure to deal at national level with construction products presenting a risk), 57 (Union safeguard procedure) or 58 (complying construction products which nevertheless present a risk to health and safety) of the 2011 Regulation; and

(c) where no proceedings under sub-paragraph (a) have been brought, that more than six months have elapsed since the products were seized.

(4) Any person aggrieved by an order made under this regulation by a magistrates’ court in England and 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,

and an order so made may contain such provision as appears to the court to be appropriate for delaying the coming into force of the order pending the making and determination of any appeal (including any application under section 111 of the Magistrates’ Courts Act 1980(1) (statement of case) or Article 146 of the Magistrates’ Courts (Northern Ireland) Order 1981(2) (cases stated by magistrates’ courts)).

(5) In Scotland, any person aggrieved by an order made under this regulation by the sheriff, or by a decision of the sheriff not to make such an order, may appeal against that order or decision on a point of law to the sheriff principal and, notwithstanding the generality of powers available to the sheriff at common law, any order so made by the sheriff may contain such provision as appears to the sheriff to be appropriate for delaying the coming into force of the order pending the making and determination of any appeal.

(1)

1980 c.43.

(2)

S.I. 1981/1675 (N.I. 26).