The Construction Products Regulations 1991

Appeals against suspension notices

11.—(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 regulation may be made–

(a) to any magistrates' court in which proceedings have been brought in England and Wales or Northern Ireland–

(i) for an offence in relation to the products under any provision of this Part; or

(ii) for the forfeiture of the products under regulation 12;

(b) where no such proceedings have been so brought, by way of complaint to a magistrates' court; or

(c) in Scotland, by summary application to the sheriff.

(3) On an application under this regulation to a magistrates' court in England and Wales or Northern Ireland the court shall make an order setting aside the suspension notice only if the court is satisfied that there has been no contravention in relation to the products of any provision of regulation 5, 6, 7 or 8.

(4) On an application under this regulation to the sheriff he shall make an order setting aside the suspension notice only if he is satisfied that at the date of making the order–

(a) proceedings for an offence in relation to the products under any provision of this Part; or

(b) proceedings for the forfeiture of the products under regulation 13,

have not been brought or, having been brought, have been concluded.

(5) Any person aggrieved by an order made under this regulation by a magistrates' court in England and Wales or Northern Ireland, or by a decision of such a court not to make such an order, may appeal against that order or decision–

(a) in England and Wales, to the Crown Court;

(b) in Northern Ireland, 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 section 111 of the Magistrates' Courts Act 1980(1) or Article 146 of the Magistrates' Courts (Northern Ireland) Order 1981(2) (statement of case)).

(6) In Scotland, any person aggrieved by an order made under this regulation by the sheriff, or by a decision of the sheriff not to make such an order, may appeal against that order or decision on a point of law to the sheriff principal and, notwithstanding the generality of powers available to the sheriff at common law, any order so made by the sheriff may contain such provision as appears to him to be appropriate for delaying the coming into force of the order pending the making and determination of any appeal.

(1)

1980 c. 43.

(2)

S.I. 1981/1675 (N.I. 26).