OpenLegislation

Regulation 21 Amendment of Regulation (EC) No 648/2004

Original text. Later amendments are not shown.

Before Article 19, insert—

“Article 18A

Appeals

1.

In this Regulation, “court” means:

  • in England and Wales, the county court;

  • in Scotland, the sheriff;

  • in Northern Ireland, a county court.

2.

Despite any rule of court to the contrary, an appeal under this Regulation:

  • is to be a rehearing of the relevant decision;

  • may be determined having regard to matters of which the competent authority or Secretary of State was unaware when making the decision.

3.

The following courts may transfer appeal proceedings under this Regulation to the High Court:

  • in England and Wales, the county court;

  • in Northern Ireland, a county court.

4.

In Scotland, the sheriff may transfer appeal proceedings under this Regulation to the Court of Session.”.