[F1Suspension of approvalsE+W+S
Textual Amendments
F1Sch. 3A inserted (29.3.1999) by S.I. 1999/503, art. 2(15), Sch.
3(1)If it appears to an inspector that, otherwise than in accordance with section 15A of this Act, the prescribed stamp has been, or is being, applied by an approved verifier to equipment which had not, or has not, been duly tested and passed as fit for use for trade, he may give to the verifier a notice (a “suspension notice”) suspending the verifier’s approval (either generally or in relation to particular areas or places) for a period not exceeding 28 days.E+W+S
(2)Where an inspector gives a suspension notice, he shall forthwith send a copy of the notice to the Secretary of State and inform the approved verifier in writing of–
(a)the circumstances which have led to the giving of the notice;
(b)the date on which the notice takes effect; and
(c)the effect of the following provisions of this paragraph.
(3)An approved verifier who has taken steps to prevent a recurrence of the circumstances which led to the giving of a suspension notice may apply to the inspector for the suspension to be withdrawn before the expiry of the specified period; and an application under this sub-paragraph–
(a)shall be made by notice to the inspector given not later than 21 days after the date of the suspension notice, and
(b)shall state the steps taken to prevent such a recurrence.
(4)An inspector shall consider any application made to him under sub-paragraph (3) above and, having done so, shall notify the approved verifier of his decision.
(5)An approved verifier who is aggrieved by a suspension notice may apply to the Secretary of State to review the suspension; and an application under this sub-paragraph–
(a)shall be made by notice to the Secretary of State given not later than 21 days after the date of the suspension notice, and
(b)shall state the grounds on which the application is made.
(6)The Secretary of State shall consider any application under sub-paragraph (5) above and, having done so, shall notify the approved verifier and the inspector of his decision.
(7)Where the Secretary of State decides under sub-paragraph (6) above to uphold the suspension, he shall also notify the approved verifier and the inspector of the grounds for his decision.
(8)Where the Secretary of State decides under sub-paragraph (6) above not to uphold the suspension, he shall instruct the inspector to withdraw the suspension.]