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The Food Safety (Northern Ireland) Order 1991

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AppealsN.I.

37.—(1) Any person who is aggrieved by—

(a)a decision of an authorised officer to serve an improvement notice;

(b)a decision of a district council or, as the case may be,[F1 the Food Standards Agency or] the Department of Agriculture to refuse to issue such a certificate as is mentioned in Article 10(6) or 11(8); or

(c)subject to paragraph (2), a decision of a district council or, as the case may be,[F1 the Food Standards Agency or] the Department of Agriculture to refuse, cancel, suspend or revoke a licence required by regulations under Part II,

may appeal to a court of summary jurisdiction.

(2) The procedure on an appeal to a court of summary jurisdiction under paragraph (1), or an appeal to such a court for which provision is made by regulations under Part II, shall be by way of notice under Part VII of the Magistrates' Courts (Northern Ireland) Order 1981F2 .

[F3(2A) The period within which such an appeal as is mentioned in paragraph (2) may be brought shall be—

(a)one month from the date on which notice of the decision was served on the person desiring to appeal; or

(b)in the case of an appeal under paragraph (1)(a), that period or the period specified in the improvement notice, whichever ends the earlier.]

(3) In any case where such an appeal as is mentioned in paragraph (2) lies, the document notifying the decision to the person concerned shall state—

(a)the right of appeal to a court of summary jurisdiction; and

(b)the period within which such an appeal may be brought.

Modifications etc. (not altering text)

C1Art. 37 applied with modifications (7.10.2013) by The Fish Labelling Regulations (Northern Ireland) 2013 (S.R. 2013/219), regs. 1, 5

C5Art. 37 applied (with modifications) (24.6.2015) by The Honey Regulations (Northern Ireland) 2015 (S.R. 2015/261), reg. 1, Sch. 2

C10Art. 37(2A)(b) applied (with modifications) (13.12.2014) by The Food Information Regulations (Northern Ireland) 2014 (S.R. 2014/223), regs. 1(2), 12, Sch. 4 para. 2

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