PART 2MAIN PROVISIONS
Right of appeal12
1
Any person who is aggrieved by a decision of the competent authority taken in respect of an establishment subject to approval under Article 4(2) of Regulation 853/2004 pursuant to —
a
F2Article 148(3) of Regulation 2017/625 (approval);
b
F3Article 148(4) of Regulation 2017/625 (conditional approval and full approval); or
c
F4Article 138(2)(j) of Regulation 2017/625 (suspension or withdrawal of approval),
may appeal to a magistrates' court.
2
The procedure on an appeal to a magistrates' court under paragraph (1) shall be by way of complaint for an order, and the Magistrates' Courts Act 1980 M1 shall apply to the proceedings.
3
The period within which an appeal under paragraph (1) may be brought shall be one month from the date on which notice of the decision was served on the person desiring to appeal and the making of a complaint for an order shall be deemed for the purposes of this paragraph to be the bringing of the appeal.
4
Where on an appeal under paragraph (1) a magistrates' court determines that the decision of the competent authority is incorrect, the authority shall give effect to the determination of the court.
F15
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F17
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .