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SCHEDULE 1Biocidal products appeals

PART 1DEFINITIONS AND ARRANGEMENTS FOR AN APPEAL

1.  In this Schedule—

(a)“appeal” means an appeal under regulation 14;

“appellant” means a person who has brought an appeal;

“appointed person” means a person appointed in accordance with paragraph 2;

“appropriate person” has the same meaning as it has in regulation 14(8);

“hearing” means a hearing to which Part 2 of this Schedule applies;

“the parties” means the appellant and the competent authority;

(b)

a reference to “government department” includes, in the case of an appeal relating to a decision of the competent authority—

(i)

in or as regards Scotland, a reference to the Scottish Administration or any part thereof; and

(ii)

in or as regards Wales, a reference to the Welsh Ministers;

(c)

a reference to a numbered sub-paragraph is a reference to the sub-paragraph so numbered in the paragraph in which that reference occurs.

2.  The appropriate person must—

(a)direct that an appeal shall be determined by a person appointed by the appropriate person for that purpose; and

(b)notify the parties in writing of the name of the appointed person.

3.  Before the determination of an appeal, the appointed person must ask the parties whether they wish to appear and be heard on the appeal and—

(a)the appeal may be determined without a hearing if the parties express a wish not to be heard;

(b)the appointed person must, if either of the parties expresses a wish to appear and be heard, afford both of them an opportunity of so doing, in which case the provisions of Part 2 of this Schedule shall apply.

4.  An appointed person may give such directions as that appointed person thinks appropriate to give effect to a determination.

5.  The appropriate person may pay to an appointed person such remuneration and allowances as the appropriate person may determine.