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The Food Hygiene (Wales) Regulations 2006

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This is the original version (as it was originally made). Wales Statutory Instruments are not carried in their revised form on this site.

Right of appeal

20.—(1) Any person who is aggrieved by—

(a)a decision of an authorised officer of an enforcement authority to serve a hygiene improvement notice;

(b)a decision of an enforcement authority to refuse to issue a certificate under paragraph (6) of regulation 7 or paragraph (8) of regulation 8; or

(c)a decision of an authorised officer of an enforcement authority to serve a remedial action notice,

may appeal to a magistrates' court.

(2) The procedure on an appeal to a magistrates' court under paragraph (1) is by way of complaint for an order, and the Magistrates' Courts Act 1980(1) will apply to the proceedings.

(3) The period within which an appeal under paragraph (1) may be brought is—

(a)one month from the date on which notice of the decision was served on the person desiring to appeal; or

(b)in the case of an appeal against a decision to issue a hygiene improvement notice, the period specified in sub-paragraph (a) or, if it is shorter, the period specified in the notice pursuant to sub-paragraph (d) of paragraph (1) of regulation 6,

and the making of a complaint for an order will be deemed for the purposes of this paragraph to be the bringing of the appeal.

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