The Notification of Existing Substances (Enforcement) Regulations 1994

Appeals against enforcement notices

6.—(1) A person on whom an enforcement notice is served may appeal against the notice to an industrial tribunal.

(2) On the determination of an appeal under paragraph (1) above, the tribunal may either cancel or affirm the notice and, if it affirms it, may do so either in its original form or with such modifications as the tribunal thinks fit.

(3) An appeal under paragraph (1) above shall be brought within the time limit and in the manner that have been prescribed in respect of an improvement notice served under section 21 of the 1974 Act by the Industrial Tribunals (Constitution and Rules of Procedure) Regulations 1993(1), in respect of England and Wales, and by the Industrial Tribunals (Constitution and Rules of Procedure) (Scotland) Regulations 1993(2), in respect of Scotland.

(4) Where an appeal is brought under paragraph (1) above, the bringing of the appeal shall have the effect of suspending the operation of the notice until the appeal is finally disposed of or, if the appeal is withdrawn, until the withdrawal of the appeal.

(5) One or more assessors may be appointed for the purposes of any proceedings brought before an industrial tribunal under paragraph (1) above.

(1)

S.I. 1993/2687.

(2)

S.I. 1993/2688.