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The Controls on Dangerous Substances and Preparations Regulations 2006

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This is the original version (as it was originally made).

Appeals against enforcement and prohibition notices

This section has no associated Explanatory Memorandum

17.—(1) A person on whom an enforcement notice or prohibition notice is served under Part 4 (notices) of Schedule 3 may appeal against that notice to the appeal body.

(2) The appeal body means, where the notice is served by—

(a)the Environment Agency, the Secretary of State;

(b)the Scottish Environment Protection Agency, the Scottish Ministers;

(c)the Department of the Environment, the Planning Appeals Commission.

(3) An appeal shall be received by the appeal body no later than two months from the date of the notice.

(4) The appeal body may allow an appeal received after the date referred to in paragraph (3).

(5) Where an appeal is brought, this shall not have the effect of suspending the operation of the notice.

(6) On the determination of an appeal, the appeal body may either quash or affirm the notice and, if it affirms it, may do so either in its original form or with such modifications as the appeal body sees fit.

(7) In relation to the making and determination of appeals under this regulation, the appeal body may adopt such procedures as it sees fit.

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