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The Genetically Modified Organisms (Contained Use) Regulations (Northern Ireland) 2015

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This is the original version (as it was originally made).

Appeals

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31.—(1) A person responsible for contained use who is aggrieved by any of the following may appeal to the Department of Enterprise, Trade and Investment—

(a)a decision by the competent authority–—

(i)to refuse to provide a written agreement requested under regulation 10(6);

(ii)to refuse consent for a class 3 or class 4 contained use notified under regulation 11(2);

(iii)to refuse to provide written agreement under regulation 19(2)(c) that a particular containment measure need not be applied for a specific activity;

(iv)to refuse to grant an exemption certificate under regulation 26(1) or to revoke such a certificate;

(v)to impose a condition or a time limit on an exemption certificate issued under regulation 26(1);

(b)an instruction concerning the cessation of a contained use under regulation 16(3);

(c)a request for additional information by the Executive under regulation 24(1);

(d)a notice from the competent authority under regulation 25.

(2) Chapter I of the Schedule to the Deregulation (Model Appeal Provisions) Order (Northern Ireland) 1997(1) shall apply to any appeal made under this regulation.

(3) Where an appeal is brought under this regulation—

(a)the following remain valid pending the final determination of the appeal—

(i)a decision of the competent authority referred to in paragraph (1)(a);

(ii)a request for additional information made under regulation 24(1);

(b)the following are not suspended pending the final determination of the appeal—

(i)the operation of regulation 16 and any instructions given under regulation 16(3);

(ii)a notice issued under regulation 25.

(4) The period of time beginning with the date on which an appeal is lodged and ending with the date on which that appeal is determined will not be taken into account in calculating the period of days referred to in regulation 10(4), 10(7), 11(4), 11(5) or 12(4).

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