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Regulation 73 Appropriate court for appeals against notices

(1)

In England and Wales or Northern Ireland, the appropriate court for the purposes of regulation 72 (appeals against notices) is—

(a)

the court in which proceedings have been brought in relation to the vessel for an offence under regulation 64 (offences);

(b)

an employment tribunal seized of appeal proceedings against a notice which relates to the vessel and which has been served under or by virtue of paragraph 1 of Schedule 6;

(c)

an industrial tribunal seized of appeal proceedings against a notice which relates to the vessel and which has been served under or by virtue of paragraph 1 of Schedule 7; or

(d)

in any other case, a magistrates' court.

(2)

In Scotland, the appropriate court for the purposes of regulation 72 is—

(a)

the sheriff court within whose sheriffdom the appellant resides or, as the case may be, has a registered or principal office; or

(b)

an employment tribunal seized of appeal proceedings against a notice which relates to the vessel and which has been served under or by virtue of paragraph 1 of Schedule 6.

(3)

A person aggrieved by an order made by a magistrates' court in England and Wales or Northern Ireland pursuant to an application under regulation 72, or by a decision of such a court not to make such an order, may appeal against that order or decision—

(a)

in England and Wales, to the Crown Court;

(b)

in Northern Ireland, to the county court.

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.