Regulation 8 Review
A manufacturer who is aggrieved by a decision of an inspection body refusing to affix the appropriate EEC verification mark or refusing to issue the appropriate EEC verification certificate (each referred to in regulation 5(2)) may apply to the Secretary of State for a review of the decision.
An application for review shall be made by written notice to the Secretary of State and shall be lodged not later than 14 days from the date on which the manufacturer received from the inspection body the notice referred to in regulation 7.
A notice of application for review shall state the grounds on which the application is made and shall be accompanied by—
copies of any documents which the manufacturer provided to the inspection body in connection with the presentation of the gas cylinders for verification; and
a copy of the notice from the inspection body referred to in regulation 7.
Where an application has been made for review the manufacturer shall retain the gas cylinders which are subject to the review until the time the review has been determined, and he shall, if required by the Secretary of State, make them available for inspection by a person appointed by the Secretary of State.
On an application for review the Secretary of State shall have the power to do anything which the inspection body is authorised or required to do under these Regulations and shall, if he determines to find in favour of the manufacturer, issue to him the EEC verification certificate referred to in regulation 5(2) and require the inspection body to affix to the gas cylinders concerned the marks referred to in that regulation; and upon being so required the inspection body shall affix those marks forthwith.
On an application for review the Secretary of State may—
hold an inquiry in connection therewith; and
appoint an assessor for the purpose of assisting with the review or any such inquiry.
On determining the review the Secretary of State may require the unsuccessful party to pay to the Secretary of State a specified sum in respect of the costs which the Secretary of State has incurred in conducting the review, and in ascertaining such costs the Secretary of State may determine the cost of employing an officer for any period on work appropriate to his grade by reference to the average cost to the Secretary of State of employing officers of his grade for that period.