68.—(1) Any application for an order to vary or set aside the terms of a notice served under these Regulations may be made—
(a)by the economic operator on whom the notice has been served; and
(b)by a person having an interest in the apparatus in respect of which the notice has been served, unless the notice is a recall notice.
(2) An application must be made before the end of the period of 21 days beginning with the day on which the notice was served.
(3) The appropriate court may only make an order setting aside a notice served under these Regulations if satisfied—
(a)that the requirements of these Regulations and RAMS (in its application to apparatus) have been complied with in respect of the apparatus to which the notice relates; or
(b)that the enforcing authority failed to comply with regulation 55 (exercise of enforcement powers) when serving the notice.
(4) On an application to vary the terms of a notice served under these Regulations, the appropriate court may vary the terms of the notice as it considers appropriate.
(5) In this regulation—
(a)the “appropriate court” is to be determined in accordance with regulation 69 (appropriate court for appeals against notices); and
(b)“notice” means any notice served in accordance with Part 2 of Schedule 7.