PART 2Market Surveillance and Enforcement

Appropriate court for appeals against notices etc and further appeals14

1

In England and Wales or Northern Ireland the appropriate court for the purposes of regulation 13 is—

a

the court in which proceedings have been brought for an offence under regulation 7 (offences);

b

an employment tribunal seized of appeal proceedings against a notice which relates to appliances or fittings and which has been served under or by virtue of paragraph 1 of Schedule 2;

c

an industrial tribunal seized of appeal proceedings against a notice which relates to an appliances or fitting and which has been served under or by virtue of paragraph 1 of Schedule 3 (enforcement powers of the Health and Safety Executive for Northern Ireland under the 1978 Order); or

d

in any other case, a magistrates' court in England and Wales or Northern Ireland.

2

In Scotland the appropriate court for the purposes of regulation 13 is—

a

the sheriff of a sheriffdom in which the person making the appeal resides or, as the case may be, has a registered or principal office; or

b

an employment tribunal seized of appeal proceedings against a notice which relates to an appliance or fitting an which has been served under or by virtue of paragraph 1 of Schedule 2.

3

A person aggrieved by an order made by a magistrates' court in England and Wales or Northern Ireland pursuant to an application under regulation 13, 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.