The Biofuel (Labelling) Regulations 2004

Appeals against detention of a sample or records U.K.

5.—(1) Any person having an interest in a sample or records which [F1 is or] are for the time being detained under paragraph 4 (Powers of search etc.) by an enforcement authority or by a duly authorised officer of an enforcement authority may apply for an order requiring the sample F2 ... or records to be released to him or to another person.

(2) An application under this paragraph may be made–

(a) to any magistrates' court in which proceedings have been brought in England and Wales or Northern Ireland for an offence in respect of a contravention of any provision of these Regulations in relation to the sample or records;

(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) A magistrates' court or the sheriff shall not make an order under sub-paragraph (1) unless the court or sheriff is satisfied–

(a) that proceedings have not been brought for an offence in respect of a contravention of any provision of these Regulations F3 ... or having been brought, have been concluded; and

(b) where no such proceedings have been brought, that more than six months have elapsed since the seizure was carried out.

(4) Any person aggrieved by an order made under this paragraph by a magistrates' court [F4 or sheriff] or by a decision of such a court [F4 or sheriff] not to make such an order, may appeal against that order or decision–

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

(b) in Scotland, to the [F5 sheriff principal]; or

(c) in Northern Ireland to a county court.

(5) In England and Wales or in Northern Ireland, an order made under this paragraph 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 M1 or article 146 of the Magistrates' Courts (Northern Ireland) Order 1981 M2 (statement of case)).

Textual Amendments

F1 Words in Sch. para. 5(1) inserted (1.2.2006) by The Biofuel (Labelling) (Amendment) Regulations 2005 (S.I. 2005/3355), regs. 1, 2(7)(a)

F2 Words in Sch. para. 5(1) omitted (1.2.2006) by virtue of The Biofuel (Labelling) (Amendment) Regulations 2005 (S.I. 2005/3355), regs. 1, 2(7)(b)

F3 Words in Sch. para. 5(3)(a) omitted (1.2.2006) by virtue of The Biofuel (Labelling) (Amendment) Regulations 2005 (S.I. 2005/3355), regs. 1, 2(8)

F4 Words in Sch. para. 5(4) inserted (1.2.2006) by The Biofuel (Labelling) (Amendment) Regulations 2005 (S.I. 2005/3355), regs. 1, 2(9)

F5 Words in Sch. para. 5(4)(b) substituted (1.2.2006) by The Biofuel (Labelling) (Amendment) Regulations 2005 (S.I. 2005/3355), regs. 1, 2(10)

Marginal Citations

M1 1980 c. 43.

M2 S.I. 1981/1675(N.I. 26)