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The Plastic Kitchenware (Conditions on Imports from China) (Scotland) Regulations 2011

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9.—(1) Any person who is aggrieved by a decision of a food authority to serve a notice under regulation 8(3) may appeal to the sheriff.

(2) An appeal to the sheriff under paragraph (1) is to be made by way of summary application.

(3) The period within which an appeal under paragraph (1) may be brought is one month from the date on which the notice was served on the person desiring to appeal.

(4) Where on an appeal under paragraph (1), the sheriff determines that the decision of the food authority is incorrect, the authority must give effect to the determination of the court.

(5) A person who is aggrieved by the sheriff’s dismissal of an appeal under paragraph (1) may appeal to the Court of Session.

(6) Where an appeal has been brought under paragraph (1) within the period specified in paragraph (3), the effect of a notice served under regulation 8(3) is suspended pending the final determination of the appeal.

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