Regulation 15 Appeals

(1)

A person who is aggrieved by—

(a)

a refusal of the Executive to accept a safety case or a revision of a safety case submitted by him under these Regulations; or

(b)

a direction of the Executive to prepare a revision of his safety case pursuant to regulation 8(1),

may appeal to the Secretary of State.

(2)

For the purposes of paragraph (1), a failure of the Executive to accept within a reasonable time a safety case or revision submitted to it pursuant to these Regulations shall be treated as a refusal to accept it.

(3)

Sub-sections (2) to (6) of section 44 of the 1974 Act shall apply for the purposes of paragraph (1) as they apply to an appeal under section 44(1) of that Act.

(4)

The Health and Safety Licensing Appeals (Hearing Procedure) Rules 1974^f1, as respects England and Wales, and the Health and Safety Licensing Appeals (Hearing Procedure) (Scotland) Rules 1974^f2, as respects Scotland, shall apply to an appeal under paragraph (1) as they apply to an appeal under sub-section (1) of the said section 44, but with the modification that references to a licensing authority are to be read as references to the Executive.

Annotations

Footnotes

f1: S.I. 1974/2040.
f2: S.I. 1974/2068.