Regulation 70 Appeals against notices

(1)

An application for an order to vary or set aside the terms of a notice served under these Regulations 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 pyrotechnic article 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 these Regulations if satisfied—

(a)

that the pyrotechnic article to which the notice relates is in conformity with Part 2 and does not present a risk; or

(b)

that the enforcing authority failed to comply with regulation 55 (exercise of enforcement powers) when serving the notice.

(4)

On an application to vary the terms of a notice served under these Regulations, 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 71 (appropriate court for appeals against notices); and

(b)

“notice” means any of the following—

(i)

a prohibition notice served in accordance with Schedule 7 (enforcement powers of weights and measures authorities, district councils and the Secretary of State under the 1987 Act);

(ii)

a notice to warn served in accordance with Schedule 7;

(iii)

a suspension notice served in accordance with Schedule 7;

(iv)

a compliance notice served in accordance with Schedule 9 (compliance, withdrawal and recall notices);

(v)

a withdrawal notice served in accordance with Schedule 9;

(vi)

a recall notice served in accordance with Schedule 9.