Regulation 34 Appeals

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg. 34(1)(a)(b) substituted for words by Food Standards Act 1999 (Transitional and Consequential Provisions and Savings) 2000 Sch. 5 Pt. 2 para. 11(1)
reg. 34(2) words inserted by Food Standards Act 1999 (Transitional and Consequential Provisions and Savings) 2000 Sch. 5 Pt. 2 para. 11(2)
reg. 34(4) words inserted by Food Standards Act 1999 (Transitional and Consequential Provisions and Savings) 2000 Sch. 5 Pt. 2 para. 11(3)(a)
reg. 34(4) words inserted by Food Standards Act 1999 (Transitional and Consequential Provisions and Savings) 2000 Sch. 5 Pt. 2 para. 11(3)(b)
reg. 34(5) words inserted by Food Standards Act 1999 (Transitional and Consequential Provisions and Savings) 2000 Sch. 5 Pt. 2 para. 11(4)
reg. 34(1)(a)(b) substituted for words by Food Standards Act 1999 (Transitional and Consequential Provisions and Savings) 2000 Sch. 5 Pt. 2 para. 11(1)
reg. 34(2) words substituted by Food Standards Act 1999 (Transitional and Consequential Provisions and Savings) 2000 Sch. 5 Pt. 2 para. 11(2)
reg. 34(4) words substituted by Food Standards Act 1999 (Transitional and Consequential Provisions and Savings) 2000 Sch. 5 Pt. 2 para. 11(3)(a)
reg. 34(4) words substituted by Food Standards Act 1999 (Transitional and Consequential Provisions and Savings) 2000 Sch. 5 Pt. 2 para. 11(3)(b)
reg. 34(5) words substituted by Food Standards Act 1999 (Transitional and Consequential Provisions and Savings) 2000 Sch. 5 Pt. 2 para. 11(4)

(1)

Any person who pays a charge to a local authority under these Regulations, or an organisation representing such persons, and who considers the charges to be unreasonably high may, within 28 days of the charge being levied, appeal to the Minister against the amount of the charge.

(2)

Where an appeal is brought under paragraph (1) above, the Minister shall consult the local authority and if, after such consultation, he is satisfied that the amount charged is unreasonably high, he shall require the local authority to recalculate the amount of the charge in accordance with such directions as he shall give.

(3)

Pending the recalculation of the charge by the local authority, the original charge shall continue, but after recalculation the new charge shall have effect from the date on which the original charge was made and the local authority shall re-imburse the person who has paid the charge accordingly.

(4)

Any person who pays a charge to the Minister under these Regulations, or an organisation representing such persons, and who considers the charges to be unreasonably high may, within 28 days of the charge being levied, appeal to an independent person appointed by the Minister against the amount of the charge.

(5)

The terms of appointment and the remuneration of the independent person shall be determined by the Minister.