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Regulation 12 Appeals against notice of remedial actionsI1

United Kingdom

(1)

A person aggrieved by a notice of remedial actions may appeal to a magistrates’ court or, in Scotland, to the sheriff.

(2)

The procedure on an appeal to a magistrates’ court under paragraph (1) is by way of complaint, and the Magistrates’ Courts Act 1980 applies to the proceedings.

(3)

An appeal to the sheriff under paragraph (1) is by summary application.

(4)

The period within which an appeal may be brought is 28 days or the period specified in the notice of remedial actions, whichever ends earlier.

(5)

A notice of remedial actions must state—

(a)

the right of appeal to a magistrates’ court or to the sheriff; and

(b)

the period within which such an appeal may be brought.

(6)

A court may suspend a notice of remedial actions pending an appeal.

(7)

On an appeal against a notice of remedial actions, the court may either cancel the notice or confirm it, with or without modification.

Annotations

Commencement

I1

Reg. 12 in force at 3.3.2013, see reg. 1(2)