Regulation 72 Appeals against notices

(1)

Any 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 vessel 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 requirements of these Regulations and RAMS (in its application to vessels) have been complied with in respect of the vessel to which the notice relates; or

(b)

that the enforcing authority failed to comply with regulation 57 (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 73 (appropriate court for appeals against notices); and

(b)

“notice” means—

(i)

a prohibition notice served in accordance with Schedule 5;

(ii)

a notice to warn served in accordance with Schedule 5;

(iii)

a suspension notice served in accordance with Schedule 5;

(iv)

a compliance notice served in accordance with Schedule 8;

(v)

a withdrawal notice served in accordance with Schedule 8;

(vi)

a recall notice served in accordance with Schedule 8.

Notes on the whole SI

Textual amendments

F1: S.I. 1989/1327.
F2: 1972 c.68. Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) and by Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7). The enabling powers of section 2(2) were extended by virtue of the amendment of section 1(2) by section 1 of the European Economic Area Act 1993 (c.51).
F3: Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 and amended by Part 1 of the Schedule to the European Union (Amendment) Act 2008.