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7. On an application under this Part of this Schedule to a magistrates’ court in England and Wales or Northern Ireland the court may make an order setting aside the suspension notice only if the court is satisfied that—
(a)no offence under regulation 4, 5 or 6 has been committed in relation to the products;
(b)none of the grounds for service of a suspension notice in Schedule 1 has been made out in relation to the products; and
(c)no procedures are pending in relation to the products involving other Member States or the Commission under Article 56 (procedure to deal at national level with construction products presenting a risk), 57 (Union safeguard procedure) or 58 (complying construction products which nevertheless present a risk to health and safety) of the 2011 Regulation.
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