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The Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 2016

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This is the original version (as it was originally made).

Appeals against notices

This section has no associated Explanatory Memorandum

69.—(1) An 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;

(b)in the case of a notice other than a recall notice, by a person having an interest in the product in respect of which the notice has been served.

(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 product to which the notice relates is in conformity with Part 2 and does not present a risk;, or

(b)that the market surveillance authority failed to comply with regulation 54 (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 70 (appropriate court for appeals against notices);

(b)“notice” means any of the following—

(i)a notice to warn served in accordance with Schedule 4 (enforcement powers of the Health and Safety Executive and the Office for Nuclear Regulation under the 1974 Act);

(ii)a suspension notice served in accordance with Schedule 4 ;

(iii)a compliance notice served in accordance with Schedule 5 (compliance, withdrawal and recall notices);

(iv)a withdrawal notice served in accordance with Schedule 5;

(v)a recall notice served in accordance with Schedule 5.

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