Regulation 10 Notices

United Kingdom

(1)

A person authorised by the enforcement authority may serve a notice on any person who contravenes, or who the authorised person has reasonable grounds to suspect may contravene, F1Regulation (EU) 2019/1021—

(a)

requiring that person to act in accordance with F2Regulation (EU) 2019/1021, or

(b)

prohibiting that person from acting in breach of it.

(2)

The notice must—

(a)

give reasons for serving it;

(b)

specify what action must be taken and give any necessary time limits; and

(c)

explain the right of appeal and the period in which an appeal may be brought.

(3)

Any person who is aggrieved by a notice may appeal to a magistrates’ court or, in Scotland, to the sheriff.

(4)

The procedure on an appeal to a magistrates’ court is by way of complaint, and the Magistrates’ Courts Act 1980^f1 or, in the case of Northern Ireland, the Magistrates’ Courts (Northern Ireland) Order 1981^f2 applies to the proceedings.

(5)

An appeal to the sheriff is by summary application.

(6)

An appeal must be brought within 28 days of service of the notice or the period specified in the notice, whichever ends earlier.

(7)

A court may suspend a notice pending an appeal.

Annotations

Textual amendments

F1: Words in reg. 10(1) substituted (15.7.2019) by The Persistent Organic Pollutants (Various Amendments) Regulations 2019 (S.I. 2019/1099), regs. 2(1), 5(i)(i)
F2: Words in reg. 10(1)(a) substituted (15.7.2019) by The Persistent Organic Pollutants (Various Amendments) Regulations 2019 (S.I. 2019/1099), regs. 2(1), 5(i)(ii)

Footnotes

f1: 1980 c. 43; sections 51 and 52 have been substituted by the Courts Act 2003 (c. 39), section 47.
f2: S.I. 1981/1675 (N.I. 26).