The Aquatic Animal Health Regulations (Northern Ireland) 2009

AppealsN.I.

44.—(1) A person (“the appellant”) may appeal to the Department against any of the following—

(a)a decision to refuse to grant an authorisation;

(b)a decision to grant an authorisation subject to any condition, other than a condition imposed under regulation 8;

(c)a decision to amend an authorisation or to refuse to grant an application for an amendment under regulation 9;

(d)a suspension notice under regulation 10;

(e)a revocation notice under regulation 11;

(f)a decision to refuse to accept the surrender of an authorisation under regulation 12;

(g)an enforcement notice under regulation 39;

(h)a prohibition notice under regulation 40,

and notice of any such decision or any such notice is referred to in this regulation as the “relevant notice”.

(2) An appellant may, within 21 days from the date on which the relevant notice was issued,—

(a)make written representations to the Department; or

(b)give notice that the appellant wishes to appear before and be heard by an independent person appointed for the purpose by the Department.

(3) Where an appellant makes written representations under paragraph (2)(a) the Department shall appoint an independent person to consider the representations and report in writing to the Department.

(4) Where an appellant gives notice under paragraph (2)(b)—

(a)the Department shall appoint an independent person to hear representations and specify a time limit within which representations to that person shall be made;

(b)if the appellant so requests, the hearing before the appointed person shall be in public;

(c)the appointed person shall consider the representations and report in writing to the Department.

(5) If the appellant so requests, the Department shall provide the appellant with a copy of the appointed person’s report.

(6) The Department shall, after considering the report, give the appellant notice of its final determination and the reasons for it.

(7) Subject to paragraph (8), where an appeal is brought by virtue of this regulation against—

(a)the amendment of an authorisation under regulation 9(1)(a);

(b)a suspension notice under regulation 10;

(c)a revocation notice under regulation 11;

(d)an enforcement notice under regulation 39; or

(e)a prohibition notice under regulation 40,

the amendment or notice shall not have effect pending the final determination or the withdrawal of the appeal.

(8) But paragraph (7) shall not apply where the relevant notice includes a statement that in the opinion of the Department or, as the case may be, the inspector it is necessary for the purpose of preventing or limiting the risk of the spread of disease that that paragraph should not apply.

(9) Where—

(a)a notice referred to in paragraph (7) to which that paragraph does not apply by virtue of paragraph (8) is varied or revoked on appeal; and

(b)the person on whom it was served has complied with the notice,

the Department shall pay to that person an amount equal to the loss suffered or expenditure reasonably incurred by that person in complying with the notice.