OpenLegislation

Regulation 80 Appeals against noticesI1

United Kingdom

(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)

by a person having an interest in the product in respect of which the notice has been served, unless the notice is a recall notice.

(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 that the product to which the notice relates is in conformity with Part 2 and does not present a risk.

(4)

On an application under paragraph (1) 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 81 (appropriate court for appeals against notices); and

(b)

“notice” means any notice served under Schedule 14.

Annotations

Commencement

I1

Reg. 80 in force at 3.8.2017, see reg. 1