8.—(1) An operator of a test facility who is aggrieved by a decision to serve a warning notice on him may appeal—
(a)in England, Wales or Northern Ireland, to a magistrates' court, and such an appeal shall be by way of complaint for an order; or
(b)in Scotland, to a sheriff, and such an appeal shall be by summary application.
(2) The period during which such an appeal may be brought is—
(a)one month from the date on which the warning notice was served on the operator desiring to appeal; or
(b)the period specified in the warning notice,
whichever ends the earlier.
(3) On an appeal against a warning notice, a magistrates' or sheriff court 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 court may, in the circumstances, think fit.
(4) Pending the final disposal of an appeal, unless or until the appeal is withdrawn, any criminal proceedings relating the operator’s alleged failure to comply with the warning notice shall be stayed or suspended.