Paragraph 6 Appeal against improvement or prohibition noticeI1
Northern Ireland
In this paragraph “a notice” means an improvement or prohibition notice.
A person on whom a notice is served may within 21 days from the date of its service appeal to an F1industrial tribunal; and on such an appeal the tribunal may either cancel or affirm the notice and, if it affirms it, may do so either in its original form or with such modifications as the tribunal may in the circumstances think fit.
Where an appeal under this paragraph is brought against a notice within the period allowed under the preceding sub-paragraph, then –
in the case of an improvement notice, the bringing of the appeal shall have the effect of suspending the operation of the notice until the appeal is finally disposed of or, if the appeal is withdrawn, until the withdrawal of the appeal;
in the case of a prohibition notice, the bringing of the appeal shall have the like effect if, but only if, on the application of the appellant the tribunal so directs (and then only from the giving of the direction).
In relation to F3an appeal under this paragraph , any reference to a provision of Article 26 of the Health and Safety at Work (Northern Ireland) Order 1978 in the rules of procedure governing industrial tribunals shall be construed as a reference to a provision of this paragraph.
One or more assessors may be appointed for the purposes of any proceedings brought before an F4industrial tribunal under this paragraph.
Annotations
Textual amendments
- F1
Word in Sch. 2 para. 6(2) substituted (31.7.2007) by The Road Transport (Working Time) (Amendment) Regulations (Northern Ireland) 2007 (S.R. 2007/323), regs. 1, 2(4)
- F2
Sch. 2 para. 6(3A) inserted (31.7.2007) by The Road Transport (Working Time) (Amendment) Regulations (Northern Ireland) 2007 (S.R. 2007/323), regs. 1, 2(5)
- F3
Words in Sch. 2 para. 6(3A) substituted (11.5.2012) by The Road Transport (Working Time) (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/169), regs. 1(1), 11
- F4
Word in Sch. 2 para. 6(4) substituted (31.7.2007) by The Road Transport (Working Time) (Amendment) Regulations (Northern Ireland) 2007 (S.R. 2007/323), regs. 1, 2(4)
Commencement
- I1
Sch. 2 para. 6 in operation at 16.6.2005, see reg. 1