PART VI MISCELLANEOUS AND GENERAL

36 Appeals
1 Subject to paragraph (3), a person may appeal to the appropriate person if that person is aggrieved by a decision of the Ministers—
(a) not to grant his application for—
(i) the authorisation, or the renewal of an authorisation, of a biocidal product under regulation 9 or 13,
(ii) the authorisation of a biocidal product under regulation 17, or
(iii) the registration, or the renewal of a registration, of a biocidal product under regulation 10 or 14;
(b) to impose a condition or restriction when granting his application for—
(i) an authorisation of a biocidal product under regulation 9, 13 or 17, or
(ii) a registration of a biocidal product under regulation 10 or 14;
(c) made pursuant to regulation 16(6), to prohibit him from conducting an experiment or test or to impose conditions regarding the conduct by him of an experiment or test;
(d) made pursuant to regulation 20(1), to modify a condition of use subject to which an authorisation or registration has been granted to him under regulations 9 to 15 or 17;
(e) not to modify a condition of use, subject to which an authorisation or registration has been granted to him under regulations 9 to 15 or 17, when requested by him to do so under regulation 20(2);
(f) made pursuant to regulation 19, other than paragraph (12) of that regulation, to revoke an authorisation or a registration granted to him under regulations 9 to 15 or 17;
(g) not to revoke an authorisation or registration granted to him under regulations 9 to 15 or 17, when requested by him to do so under regulation 19(12);
(h) not to issue a frame-formulation, when requested by him to do so under regulation 18(1)(a);
(i) made pursuant to regulation 25, not to give their consent to him referring to information; or
(j) made pursuant to regulation 26(2)(b), not to keep confidential information submitted by him to the Ministers.
2 A person may appeal to the appropriate person if that person is aggrieved by a decision of the Ministers—
(a) not to grant him a period of time longer than 3 months in which to make an application under regulation 9, 10, 11 or 12 pursuant to paragraphs 5 or 8 of Schedule 13;
(b) not to grant him a certificate of exemption;
(c) to impose a condition when granting him a certificate of exemption;
(d) to revoke a certificate of exemption granted to him;
(e) relating to the period of time for which a certificate of exemption is granted to him,
and in this paragraph, “certificate of exemption” means a certificate of exemption referred to in Schedule 13.
3 Paragraph (1) shall not apply where the decision of the Ministers in question is made to give effect to a Commission decision.
4 The provisions of Schedule 10 shall apply where an aggrieved person appeals to the appropriate person.
5 Where an appeal is brought under paragraphs (1)(d), (1)(f) or (2)(d), the decision in question shall be suspended pending the final determination of the appeal.
6 Where an appeal is brought under paragraph (1)(j), pending final determination of the appeal, the Ministers shall not disclose the information except—
(a) to the Commission or a competent authority; and
(b) to the extent necessary to enable the Ministers to deal with the application in question made under these Regulations.
7 A person who receives information by virtue of paragraph (6)(b) shall not use that information except for the purposes of the Ministers.