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The Non-automatic Weighing Instruments Regulations 2016

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This is the original version (as it was originally made).

Review of decisions of a competent authorities

This section has no associated Explanatory Memorandum

65.—(1) Where a notice is served under regulation 63 (compliance notice procedure) or 64 (enforcement notice procedure) by a competent authority other than the Secretary of State, an economic operator who is aggrieved by the decision to serve that notice may, in accordance with paragraphs (2) and (3) apply to the Secretary of State to review the decision and on such application the Secretary of State may—

(a)hold an inquiry in connection with the decision; and

(b)appoint an assessor for the purposes of assisting him with his review or any such inquiry.

(2) An application for a review of a decision under paragraph (1) must be made by notice in writing to the Secretary of State before the end of the period of 21 days beginning with the day on which the notice is served on the economic operator by the competent authority under regulation 63 or 64

(3) A notice of application for review under this regulation must state the grounds on which the application is made.

(4) The Secretary of State must, within a reasonable time, inform the economic operator and the authority referred to in paragraph (1) in writing of the Secretary of State’s decision whether to uphold the decision of that authority and—

(a)in a case where the Secretary of State upholds that decision, must also state the grounds for the Secretary of State’s decision; and

(b)in a case where the Secretary of State does not uphold that decision, may—

(i)where the review relates to regulation 63, give instructions for the withdrawal of the notice given under paragraph (2) of that regulation; or

(ii)where the review relates to regulation 64, give instructions for the withdrawal of the notice given under paragraph (2) of that regulation.

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