PART 2Market Surveillance and Enforcement
Appeals against notices13
1
An application for an order to vary or set aside the terms of a notice served under regulation 5 (enforcement powers) or 12 (Article 37 notices) 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 the appliance or fitting 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 5 or 12 if satisfied that—
a
no contravention of EU Regulation 2016/426 or these Regulations has occurred; or
b
the enforcement authority failed to comply with Article 13 (presumption of conformity of appliances and fittings) when serving the notice.
4
On an application to vary the terms of a notice, 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 14; and
b
“notice” means—
i
a notice served under regulation 12.
ii
a prohibition notice, a notice to warn or a suspension notice served in accordance with Schedule 1; or
iii
a compliance notice, a withdrawal notice, or a recall notice served in accordance with Schedule 4.