Regulation 12 Right of appeal

England and Wales

(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)

F1Article 148(3) of Regulation 2017/625 (approval);

(b)

F2Article 148(4) of Regulation 2017/625 (conditional approval and full approval); or

(c)

F3Article 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 F4 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.

F5(5)

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(6)

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(7)

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Annotations

Textual amendments

F1: Words in reg. 12(1)(a) substituted (14.12.2019) by The Official Feed and Food Controls (England) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1476), regs. 1, 8(a)
F2: Words in reg. 12(1)(b) substituted (14.12.2019) by The Official Feed and Food Controls (England) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1476), regs. 1, 8(b)
F3: Words in reg. 12(1)(c) substituted (14.12.2019) by The Official Feed and Food Controls (England) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1476), regs. 1, 8(c)
F4: 1980 c. 43.
F5: Reg. 12(5)-(7) omitted (1.4.2011) by virtue of The Official Feed and Food Controls (England) (Amendment) Regulations 2011 (S.I. 2011/136), regs. 1, 2(2)

Notes on the whole SI

Textual amendments

F1: 1972 c.68. Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (2006 c.51).
F2: S.I. 2003/2901.
F3: S.I. 1972/1811.
F4: S.I. 1999/2027.
F5: OJ No. L31, 1.2.2002, p.1, as last amended by Regulation (EC) No. 596/2009 of the European Parliament and of the Council adapting a number of instruments subject to the procedure referred to in Article 251 of the Treaty to Council Decision 1999/468/EC with regard to the regulatory procedure with scrutiny: Adaptation to the regulatory procedure with scrutiny – Part Four (OJ No. L188, 18.7.2009, p.14).