Paragraph 23 Appeals against noticesF1
An application for an order to vary or set aside the terms of a notice served under Part 2 of this Schedule may be made to the appropriate court—
by the economic operator on whom the notice has been served; and
in the case of a notice other than a recall notice, by a person having an interest in the civil explosive in respect of which the notice has been served.
An application must be made before the end of the period of 21 days beginning with the day on which the notice was served.
The appropriate court may only make an order setting aside a notice served under Part 2 of this Schedule if satisfied—
that the civil explosive to which that notice relates is in conformity with Part 13 and does not present a risk; or
that the enforcing authority failed to comply with paragraph 4 when serving the notice.
On an application to vary the terms of a notice served by virtue of Part 2 of this Schedule, the appropriate court may vary the terms of the notice as it considers appropriate.
In this paragraph, the “appropriate court” is to be determined in accordance with paragraph 24 (appropriate court for appeals against notices).
Annotations
Textual amendments
- F1
Sch. 12 substituted (20.4.2016) by The Explosives Regulations 2014 (Amendment) Regulations 2016 (S.I. 2016/315), reg. 1, Sch. 1 (with regs. 2(1), 15)