# The Official Feed and Food Controls (England) Regulations 2009, Regulation 12: Right of appeal

Extent: E+W

(1) Any person who is aggrieved by a decision of the competent authority taken in respect of an establishment subject to approval under Article 4(2) of Regulation 853/2004 pursuant to —
(a) Article 148(3) of Regulation 2017/625 (approval);
(b) Article 148(4) of Regulation 2017/625 (conditional approval and full approval); or
(c) Article 138(2)(j) of Regulation 2017/625 (suspension or withdrawal of approval),
may appeal to a magistrates' court.
(2) The procedure on an appeal to a magistrates' court under paragraph (1) shall be by way of complaint for an order, and the Magistrates' Courts Act 1980 shall apply to the proceedings.
(3) The period within which an appeal under paragraph (1) may be brought shall be one month from the date on which notice of the decision was served on the person desiring to appeal and the making of a complaint for an order shall be deemed for the purposes of this paragraph to be the bringing of the appeal.
(4) Where on an appeal under paragraph (1) a magistrates' court determines that the decision of the competent authority is incorrect, the authority shall give effect to the determination of the court.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Source: https://www.legislation.gov.uk/uksi/2009/3255/regulation/12 (the official version)
Page: https://openlegislation.uk/official-feed-and-food-controls-england-regulations-2009/regulation-12
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.