Regulation 29 Appeals

(1)

Any person who is aggrieved by a decision of the competent authority—

(a)

that he shall not undertake an activity involving genetic modification referred to in regulation 10(1), 11(1) or 12(1);

(b)

not to agree pursuant to regulation 18(2) that he need not apply a particular containment measure for the activity involving genetic modification in question;

(c)

to revoke an exemption certificate granted to him pursuant to regulation 25(1);

(d)

to grant to him an exemption certificate subject to a condition or a limit of time pursuant to regulation 25(1),

may appeal to the appropriate person.

(2)

Any person who is aggrieved by—

(a)

a request to him made pursuant to regulation 14(2);

(b)

an instruction given to him pursuant to regulation 14(3);

(c)

a notice given to him pursuant to regulation 15(1),

may appeal to the appropriate person.

(3)

Any person who is aggrieved by a decision of the competent authority—

(a)

made pursuant to regulation 22(2)(b) or regulation 23(2)(b), not to keep confidential information provided by that person to the competent authority in accordance with these Regulations;

(b)

made pursuant to regulation 22(8) or regulation 23(7), not to withhold information,

may appeal to the appropriate person.

(4)

The provisions of Schedule 11 shall apply where an aggrieved person appeals to the appropriate person.

(5)

Where an appeal is brought under this regulation, none of the following, that is to say—

(a)

a decision of the competent authority other than a decision referred to in paragraph (3);

(b)

an instruction given pursuant to regulation 14(3);

(c)

the operation of paragraphs (2) or (6) of regulation 14;

(d)

a notice given pursuant to regulation 15(1),

shall be suspended pending the final determination of the appeal.

(6)

Where an appeal is brought under paragraph (3) in respect of any information provided pursuant to regulation 21, pending the final determination of the appeal, the information shall not be disclosed except to the extent necessary to enable the competent authority to comply with its obligations under paragraph (2)(a), (b) and (d) of that regulation.

(7)

Where an appeal is brought under paragraph (3) in respect of information provided pursuant to regulations 9 to 15—

(a)

pending the final determination of the appeal, the information shall not be disclosed except—

(i)

to the extent necessary to evaluate the notification, and

(ii)

to the European Commission;

(b)

if—

(i)

the appeal is finally determined in favour of the competent authority, and

(ii)

the information is required to be entered in the register maintained in accordance with regulation 24,

the information shall be entered in that register within fourteen days following the day on which the appeal is finally determined.

(8)

In this regulation, “the appropriate person” means—

(a)

the Secretary of State, in the case of—

(i)

an appeal under paragraph (1), (2)(c) or (3) against a decision of, or a notice given by, the competent authority as regards England and Wales, or

(ii)

an appeal under paragraph (2)(a) or (b) against a request or instruction relating to—

(aa)

the undertaking or proposed undertaking of an activity involving genetic modification, or

(bb)

premises which are the subject of a notification under regulation 9(1) and which are situate,

in England or Wales;

(b)

the Secretary of State and the Scottish Ministers, acting jointly, in the case of—

(i)

an appeal under paragraph (1), (2)(c) or (3) against a decision of, or a notice given by, the competent authority as regards Scotland or the joint competent authority, or

(ii)

an appeal under paragraph 2(a) or (b) against a request or instruction relating to—

(aa)

the undertaking or proposed undertaking of an activity involving genetic modification, or

(bb)

premises which are the subject of a notification under regulation 9(1) and which are situate,

in Scotland or in both England and Scotland, as the case may be.