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The Food Hygiene Regulations (Northern Ireland) 2005

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Right of appeal

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

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

(b)a decision of an enforcement authority to refuse to issue a certificate mentioned under regulation 7(6) or regulation 8(8); or

(c)a decision of an authorised officer to serve a remedial action notice,

may appeal to a court of summary jurisdiction.

(2) The procedure on an appeal to a court of summary jurisdiction under paragraph (1) shall be by way of notice under Part VII of the Magistrates Courts (Northern Ireland) Order 1981(1).

(3) The period within which an appeal under paragraph (1) may be brought shall be—

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

(b)in the case of an appeal against a decision to issue a hygiene improvement notice, the period specified in sub-paragraph (a) or, if it is shorter, the period specified in the notice pursuant to regulation 6(1)(d),

and the making of a complaint for an order shall be deemed for the purposes of this paragraph to be the bringing of the appeal.

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