{
  "url": "https://openlegislation.uk/biofuel-labelling-regulations-2004/schedule/paragraph-5",
  "json_url": "https://openlegislation.uk/biofuel-labelling-regulations-2004/schedule/paragraph-5.json",
  "legislation": "uksi/2004/3349",
  "legislation_title": "The Biofuel (Labelling) Regulations 2004",
  "legislation_url": "https://openlegislation.uk/biofuel-labelling-regulations-2004",
  "path": "schedule/paragraph/5",
  "kind": "paragraph",
  "number": "5",
  "heading": "Appeals against detention of a sample or records",
  "text": "(1) Any person having an interest in a sample or records which is or are for the time being detained under paragraph 4 (Powers of search etc.) by an enforcement authority or by a duly authorised officer of an enforcement authority may apply for an order requiring the sample ... or records to be released to him or to another person.\n(2) An application under this paragraph may be made–\n(a) to any magistrates' court in which proceedings have been brought in England and Wales or Northern Ireland for an offence in respect of a contravention of any provision of these Regulations in relation to the sample or records;\n(b) where no such proceedings have been so brought, by way of complaint to a magistrates' court; or\n(c) in Scotland, by summary application to the sheriff.\n(3) A magistrates' court or the sheriff shall not make an order under sub-paragraph (1) unless the court or sheriff is satisfied–\n(a) that proceedings have not been brought for an offence in respect of a contravention of any provision of these Regulations ... or having been brought, have been concluded; and\n(b) where no such proceedings have been brought, that more than six months have elapsed since the seizure was carried out.\n(4) Any person aggrieved by an order made under this paragraph by a magistrates' court or sheriff or by a decision of such a court or sheriff not to make such an order, may appeal against that order or decision–\n(a) in England and Wales, to the Crown Court;\n(b) in Scotland, to the sheriff principal; or\n(c) in Northern Ireland to a county court.\n(5) In England and Wales or in Northern Ireland, an order made under this paragraph may contain such provision as appears to the court to be appropriate for delaying the coming into force of the order pending the making and determination of any appeal (including any application under section 111 of the Magistrates' Courts Act 1980 or article 146 of the Magistrates' Courts (Northern Ireland) Order 1981 (statement of case)).",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in Sch. para. 5(1) inserted (1.2.2006) by The Biofuel (Labelling) (Amendment) Regulations 2005 (S.I. 2005/3355), regs. 1, 2(7)(a)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in Sch. para. 5(1) omitted (1.2.2006) by virtue of The Biofuel (Labelling) (Amendment) Regulations 2005 (S.I. 2005/3355), regs. 1, 2(7)(b)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in Sch. para. 5(3)(a) omitted (1.2.2006) by virtue of The Biofuel (Labelling) (Amendment) Regulations 2005 (S.I. 2005/3355), regs. 1, 2(8)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in Sch. para. 5(4) inserted (1.2.2006) by The Biofuel (Labelling) (Amendment) Regulations 2005 (S.I. 2005/3355), regs. 1, 2(9)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Words in Sch. para. 5(4)(b) substituted (1.2.2006) by The Biofuel (Labelling) (Amendment) Regulations 2005 (S.I. 2005/3355), regs. 1, 2(10)"
    },
    {
      "type": "M",
      "label": "M1",
      "text": "1980 c. 43."
    },
    {
      "type": "M",
      "label": "M2",
      "text": "S.I. 1981/1675(N.I. 26)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2004/3349/schedule/paragraph/5",
    "retrieved_at": "2026-10-29T05:12:51.904047+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}