Right of appeal22
1
Any person who is aggrieved by —
a
a decision of an authorised officer of an enforcement authority to serve a hygiene improvement notice;
b
a decision of an enforcement authority to refuse to issue a certificate under paragraph (6) of regulation 7 or paragraph (8) of regulation 8; or
c
a decision of an authorised officer of an enforcement authority to serve a remedial action notice,
may appeal to a magistrates' court.
2
The procedure on an appeal to a magistrates' court under paragraph (1) shall be by way of complaint for an order, and the Magistrates' Courts Act 1980 applies to the proceedings.
3
The period within which an appeal under paragraph (1) may be brought is —
a
one month from the date on which notice of the decision was served on the person desiring to appeal; or
b
in the case of an appeal against a decision to issue a hygiene improvement notice, the period specified in sub-paragraph (a) or, if it is shorter, the period specified in the notice pursuant to sub-paragraph (d) of paragraph (1) of regulation 6,
and the making of a complaint for an order shall be deemed for the purposes of this paragraph to be the bringing of the appeal.