SCHEDULE 3 Construction products enforcement rules – Northern Ireland

PART 2 REQUIREMENTS RELATING TO CONSTRUCTION PRODUCTS

CHAPTER 2 Suspension notices and forfeiture

8 Suspension notices: appeals
(1) Any person having an interest in any construction products in respect of which a suspension notice is for the time being in force may apply for an order setting aside the notice.
(2) An application under this paragraph may be made—
(a) to any magistrates’ court in which proceedings have been brought in Northern Ireland—
(i) for an offence in relation to the products under any provision of this Part of this Schedule, or
(ii) for the forfeiture of the products under paragraph 9 (forfeiture);
(b) where no such proceedings have been brought, by way of complaint to a magistrates’ court.
(3) On an application under this paragraph, the court may make an order setting aside the suspension notice only if the court is satisfied that—
(a) no offence under paragraph 3, 4 or 5 has been committed in relation to the products;
(b) none of the grounds for service of a suspension notice in paragraph 16 has been made out in relation to the products; and
(c) no procedures are pending in relation to the products involving Member States or the Commission under Article 56 (procedure to deal at national level with construction products presenting a risk), 57 (Union safeguard procedure) or 58 (complying construction products which nevertheless present a risk to health and safety) of the EU Construction Products Regulation.
(4) Any person aggrieved by an order made under this paragraph by a magistrates’ court, or by a decision of such a court not to make such an order, may appeal against that order or decision to the county court, and an order so made may contain such provision as appears to the court to be appropriate for delaying the coming into force of the order pending the making and determination of any appeal (including any application under Article 146 of the Magistrates’ Courts (Northern Ireland) Order 1981 (cases stated by magistrates’ courts)).
S.I. 1981/1675 (N.I. 26).
(5) This paragraph is without prejudice to the operation of—
(a) Article 21(4) (restrictive measures: withdrawal of measures after effective action) of the RAMS Regulation in respect of paragraph 16(6)(a);
(b) Article 57(2), second sentence (Union safeguard procedure: national measure considered unjustified) of the EU Construction Products Regulation in respect of paragraph 16(6)(b); and
(c) Article 58(4) (complying construction products which nevertheless present a risk to health and safety: evaluation of national measures by the Commission) of the EU Construction Products Regulation in respect of paragraph 16(6)(c).
Sch. 3 para. 8 in force at 31.12.2020 immediately before the 2019 Regulations come into force, see reg. 1