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The Electrical Equipment (Safety) Regulations 2016
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- UK Statutory Instruments
- 2016 No. 1101
- PART 4
- Regulation 58
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Appeals against noticesU.K.
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58.—(1) An application for an order to vary or set aside the terms of a notice served under regulation 42 (enforcement powers) may be made—
(a)by the economic operator on whom the notice has been served; and
(b)in the case of a notice other than a recall notice, by a person having an interest in electrical equipment in respect of which the 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 may only make an order setting aside a notice served under regulation 42 if satisfied—
(a)that the requirements of these Regulations have been complied with in respect of electrical equipment to which the notice relates; or
(b)that the enforcing authority failed to comply with regulation 36 (presumption of conformity) when serving the notice.
(4) On an application to vary the terms of a notice served under regulation 42, the appropriate court may vary the terms of the notice as it considers appropriate.
(5) In this regulation—
(a)the “appropriate court” is to be determined in accordance with regulation 59 (appropriate court for appeals against notices); and
(b)“notice” means—
(i)a prohibition notice served in accordance with Schedule 3;
(ii)a notice to warn served in accordance with Schedule 3;
(iii)a suspension notice served in accordance with Schedule 3;
(iv)a compliance notice served in accordance with Schedule 6;
(v)a withdrawal notice served in accordance with Schedule 6; or
(vi)a recall notice served in accordance with Schedule 6.
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