The Eggs (Marketing Standards) (Enforcement) (Scotland) Regulations 2005

Appeals

13.—(1) Any person who is aggrieved by a decision of the Scottish Ministers to–

(a) refuse or withdraw a registration of an establishment under Article 3 of Regulation (EEC) No. 2782/75 of the Council; or

(b) refuse or withdraw an authorisation to grade eggs under Article 5 of Council Regulation (EEC) No. 1907/90(1) as amended,

may appeal against that decision to the sheriff.

(2) Section 37(4) to (6) of the Act shall have effect in relation to an appeal under this regulation as it has effect in relation to an appeal under that section, but with the omission of–

(a) the references to appeals for which provision is made by regulations under Part II of the Act;

(b) the references to subsection (3) and appeals to the magistrates' court in subsections (5) and (6); and

(c) subsection (5)(b) and the word “or” immediately preceding it.

(3) The withdrawal of a registration, approval or authorisation shall not take effect until the time for appealing against it has expired and, if an appeal is lodged, until the appeal is finally disposed of or abandoned.

(1)

O.J. No. L 173, 6.7.1990, p.5 as amended by Council Regulation (EEC) No. 2617/93, O.J. No. L 240, 25.9.1993, p.1, Council Regulation (EC) No. 3117/94 O.J. No. L 330, 21.12.1994, p.4, Council Regulation (EC) No. 818/96, O.J. No. L 111, 4.5.1996, p.1, Council Regulation (EC) No. 5/2001, O.J. No. L 2, 5.1.2001, p.1, and Council Regulation (EC) No. 2052/2003, O.J. No. L 305, 22.11.2003, p.1.