Regulation 13 Appeals against notices

(1)

An application for an order to vary the terms of, or set aside, a notice served under regulation 5 (enforcement powers) or 12 (Article 38 notices) may be made—

(a)

by the economic operator on whom the notice has been served; and

(b)

in the case of a notice other than a recall notice, by a person having an interest in the PPE in respect of which the notice has been served.

(2)

An application must be made before the end of the period of 21 days beginning with the day on which the notice was served.

(3)

The appropriate court may only make an order setting aside a notice served under regulation 5 or 12 if satisfied—

(a)

that no contravention of EU Regulation 2016/425 or these Regulations has occurred; or

(b)

that the enforcement authority failed to comply with Article 14 (presumption of conformity of PPE) when serving the notice.

(4)

On an application to vary the terms of the notice, the appropriate court may vary the terms of the notice as it considers appropriate.

(5)

In this regulation—

(a)

“the appropriate court” is to be determined in accordance with regulation 14; and

(b)

“notice” means—

(i)

a notice served under regulation 12;

(ii)

a prohibition notice, a notice to warn or a suspension notice served in accordance with Schedule 1; or

(iii)

a compliance notice, a withdrawal notice, or a recall notice served in accordance with Schedule 4.