OpenLegislation

Article 37 AppealsC1 C2 C3 C4 C5 C6 C7 C8 C9

Northern Ireland

C10 C11 C12 C13 C14(1)

Any person who is aggrieved by—

(a)

a decision of an authorised officer to serve an improvement notice;

(b)

a decision of a district council or, as the case may be,F1 the Food Standards Agency or the Department of Agriculture to refuse to issue such a certificate as is mentioned in Article 10(6) or 11(8); or

(c)

subject to paragraph (2), a decision of a district council or, as the case may be, the Food Standards Agency or the Department of Agriculture to refuse, cancel, suspend or revoke a licence required by regulations under Part II,

may appeal to a court of summary jurisdiction.

The procedure on an appeal to a court of summary jurisdiction under paragraph (1), or an appeal to such a court for which provision is made by regulations under Part II, shall be by way of notice under Part VII of the Magistrates' Courts (Northern Ireland) Order 1981F2 .

The period within which such an appeal as is mentioned in paragraph (2) may be brought shall be—

C19(a)

one month from the date on which notice of the decision was served on the person desiring to appeal; or

C20(b)

in the case of an appeal under paragraph (1)(a), that period or the period specified in the improvement notice, whichever ends the earlier.

C21(3)

In any case where such an appeal as is mentioned in paragraph (2) lies, the document notifying the decision to the person concerned shall state—

(a)

the right of appeal to a court of summary jurisdiction; and

(b)

the period within which such an appeal may be brought.

Annotations

Textual amendments

F1: 1999 c. 28
F2: 1981 NI 26
F3: 1996 NI 12

Modifications

C1: Art. 37 applied with modifications (7.10.2013) by The Fish Labelling Regulations (Northern Ireland) 2013 (S.R. 2013/219), regs. 1, 5
C2: Art. 37 applied with modifications (31.10.2013) by The Food Additives, Flavourings, Enzymes and Extraction Solvents Regulations (Northern Ireland) 2013 (S.R. 2013/220), regs. 1, reg. 8(1)-(3)
C3: Art. 37 applied with modifications (20.11.2013) by The Fruit Juices and Fruit Nectars Regulations (Northern Ireland) 2013 (S.R. 2013/253), regs. 1(1), reg. 18(1)-(3)
C4: Art. 37 applied (with modifications) (13.12.2014) by The Products Containing Meat etc. Regulations (Northern Ireland) 2014 (S.R. 2014/285), regs. 1, 8(1)
C5: Art. 37 applied (with modifications) (24.6.2015) by The Honey Regulations (Northern Ireland) 2015 (S.R. 2015/261), reg. 1, Sch. 2
C6: Art. 37 applied (with modifications) (11.9.2015) by The Country of Origin of Certain Meats Regulations (Northern Ireland) 2015 (S.R. 2015/321), regs. 1, 6(3), Sch. Pt. 3 paras. 1, 2
C7: Art. 37 applied (with modifications) (28.11.2015) by The Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations (Northern Ireland) 2015 (S.R. 2015/365), regs. 1, 34(2), Sch. 12 Pt. 3
C8: Art. 37 applied (with modifications) (20.7.2016) by The Food Safety (Information and Compositional Requirements) Regulations (Northern Ireland) 2016 (S.R. 2016/251), regs. 1, 5(3), Sch. 2
C9: Art. 37 applied with modification(s) (1.1.2018) by The Novel Foods Regulations (Northern Ireland) 2017 (S.R. 2017/233), regs. 1, 5(3), Sch. 2 Pt. 3 (with reg. 5(4))
C10: Art. 37(1) applied (with modifications) (13.12.2014) by The Food Information Regulations (Northern Ireland) 2014 (S.R. 2014/223), regs. 1(2), 12, Sch. 4 para. 1
C11: Art. 37(1) applied (with modifcations) (22.12.2016) by The Caseins and Caseinates Regulations (Northern Ireland) 2016 (S.R. 2016/415), reg. 1, Sch. 5 Pt. 2
C12: Art. 37(1) applied (with modifications) by S.R. 2012/384, Sch. 2 Pt. 2 (as inserted (14.9.2017) by The Materials and Articles in Contact with Food (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/157), reg. 1, Sch.)
C13: Art. 37(1) applied (with modifications) (23.4.2018) by The Condensed Milk and Dried Milk Regulations (Northern Ireland) 2018 (S.R. 2018/77), regs. 1, 6(2), Sch. 3 Pt. 2
C14: Art. 37(1) applied (with modifications) (23.4.2018) by The Jam and Similar Products Regulations (Northern Ireland) 2018 (S.R. 2018/78), regs. 1, 10, Sch. 4 (with reg. 3)
C15: Art. 37(2)(2A)(3) applied (1.1.2007) by Fishery Products (Official Controls Charges) Regulations (Northern Ireland) 2006 (S.R. 2006/485), reg. 8(2)
C16: Art. 37(2) applied (1.1.2008) by Fishery Products (Official Controls Charges) Regulations (Northern Ireland) 2007 (S.R. 2007/497), reg. 8(2)
C17: Art. 37(2A) applied (1.1.2008) by Fishery Products (Official Controls Charges) Regulations (Northern Ireland) 2007 (S.R. 2007/497), reg. 8(2)
C18: Art. 37(2A) applied (with modifications) (23.4.2018) by The Condensed Milk and Dried Milk Regulations (Northern Ireland) 2018 (S.R. 2018/77), regs. 1, 6(2), Sch. 3 Pt. 2
C19: Art. 37(2A)(b) applied (with modifications) (23.4.2018) by The Jam and Similar Products Regulations (Northern Ireland) 2018 (S.R. 2018/78), regs. 1, 10, Sch. 4 (with reg. 3)
C20: Art. 37(2A)(b) applied (with modifications) (13.12.2014) by The Food Information Regulations (Northern Ireland) 2014 (S.R. 2014/223), regs. 1(2), 12, Sch. 4 para. 2
C21: Art. 37(3) applied (1.1.2008) by Fishery Products (Official Controls Charges) Regulations (Northern Ireland) 2007 (S.R. 2007/497), reg. 8(2)