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The Non-automatic Weighing Instruments Regulations 2000

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Review of decisions of authorised persons under Part II

20.—(1) A person who is aggrieved by a decision given by an authorised person under regulation 16(1) or 25(2) (“the aggrieved person”) may, in accordance with paragraphs (2) and (3) below, apply to the Secretary of State to review the decision; and on such application the Secretary of State may—

(a)hold an inquiry in connection therewith; and

(b)appoint an assessor for the purposes of assisting him with his review or any such inquiry.

(2) An application under paragraph (1) above shall be made by notice to the Secretary of State, and shall be sent to him not later than twenty-one days after the date when notice of the decision in respect of which the application for review is sent to the aggrieved person.

(3) A notice of application for review under this regulation shall state the grounds on which the application is made.

(4) The Secretary of State, within a reasonable time, shall in writing inform the aggrieved person and the authorised person of his decision whether to uphold the decision of the authorised person and,—

(a)in a case where he upholds the decision of the authorised person, shall also state the grounds for his decision; and

(b)in a case where he does not uphold the decision of the authorised person, may,—

(i)where the review relates to regulation 16, instruct the authorised person to withdraw the notice given by him under paragraph (1) of that regulation; or

(ii)where the review relates to regulation 25, instruct the authorised person to withdraw the notice given by him under paragraph (2) of that regulation,

as the case may require.

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