The REACH Enforcement Regulations 2008

PART 3 Notices served by local (consumer safety) authorities

1.  An appeal may be brought by a person having an interest in any goods in respect of which a suspension notice is in force.

2.  In England and Wales or Northern Ireland, an appeal may be made to a magistrates’ court and where proceedings have not been brought—

(a) for an offence under regulation 11 or 13; or

(b) for forfeiture of the goods under section 3 of Part 3 of Schedule 6;

the appeal may be brought by way of complaint to the court.

3.  In Scotland, an appeal may be made to the sheriff by way of summary application.

4.  A magistrates’ court must not make an order setting aside a suspension notice unless it is satisfied that there has been no contravention in relation to the goods of a listed REACH provision.

5.  A sheriff must not make an order setting aside a suspension notice unless the sheriff is satisfied at the date of the order that proceedings—

(a) for an offence under regulation 11 or 13; or

(b) for forfeiture of the goods under section 3 of Part 3 of Schedule 6,

have not been brought or, having been brought, have been concluded.

6.  A person aggrieved by an order made by a magistrates’ court under this Part or a decision not to make such an order, may appeal that order or decision—

(a) in England and Wales, to the Crown Court;

(b) in Northern Ireland, to the county court.

7.  An order made by a magistrates’ court under this Part may contain such provision as appears to the court to be appropriate for delaying the coming into force of the order pending the making and determination of any appeal under paragraph 6.