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The Measuring Instruments Regulations 2016
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- UK Statutory Instruments
- 2016 No. 1153
- PART 7
- CHAPTER 2
- Regulation 70
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Review of enforcement decisions of a competent authorityU.K.
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70.—(1) Where a notice is served under regulation 68 (compliance notice procedure) or 69 (enforcement notices) is by a competent authority other than the Secretary of State, an economic operator who is aggrieved by the decision to serve the notice may, in accordance with paragraphs (2) and (3) apply to the Secretary of State to review the decision; and on such application the Secretary of State may—
(a)hold an inquiry in connection with the decision; and
(b)appoint an assessor for the purposes of assisting him with his review or any such inquiry.
(2) An application under paragraph (1) must be made by notice in writing to the Secretary of State, and must be sent to the Secretary of State not later than 21 days after the date of the notice of the decision in respect of which the application for review is sent to the economic operator.
(3) A notice of application for review under this regulation must state the grounds on which the application is made.
(4) The Secretary of State must, within a reasonable time, inform the economic operator and the authority referred to in paragraph (1) in writing of the Secretary of State's decision whether to uphold the decision of that authority and—
(a)in a case where the Secretary of State upholds that decision, must also state the grounds for the Secretary of State's decision; and
(b)in a case where the Secretary of State does not uphold that decision, may—
(i)where the review relates to regulation 68 give instructions for the withdrawal of the notice given under paragraph (2) of that regulation; or
(ii)where the review relates to regulation 69, give instructions for the withdrawal of the notice given under paragraph (1) of that regulation.
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