# The Market Surveillance (Northern Ireland) Regulations 2021, Paragraph 4: Appeals against notices


(1) An application for an order to vary or set aside the terms of a notice may be made to the appropriate court—
(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 product 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 if satisfied that no contravention of—
(a) the MSC Regulation; or
(b) the enforcer’s legislation;
has occurred in relation to the product to which the notice relates.
(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 paragraph—
(a) the “appropriate court” is to be determined in accordance with paragraph 5 (appropriate court for appeals against notices); and
(b) “notice” means any of the following—
(i) a prohibition notice given under the 1987 Act as applied by Schedule 2 (enforcement powers under the 1987 Act);
(ii) a notice to warn given under the 1987 Act as applied by Schedule 2;
(iii) a suspension notice given under the 1987 Act as applied by Schedule 2;
(iv) a compliance notice served in accordance with paragraph 1 (compliance notice);
(v) a withdrawal notice served in accordance with paragraph 2 (withdrawal notice);
(vi) a recall notice served in accordance with paragraph 3 (recall notice).

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Source: https://www.legislation.gov.uk/ukdsi/2021/9780348224641/schedule/4/paragraph/4 (the official version)
Page: https://openlegislation.uk/draft-market-surveillance-northern-ireland-regulations-2021/schedule-4/paragraph-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.