The Plugs and Sockets etc. (Safety) Regulations 1987

Refusals, alterations and cancellations of approvals

8.—(1) Where the specified person to whom an application has been made under regulation 7(1) or (2) above for approval of a kind of electrical device is minded to refuse the approval, he shall serve a notice on the applicant to that effect stating—

(a)his reasons; and

(b)that the applicant may within 28 days after the date of service of the notice serve written representations on him as to why the approval should not be refused.

(2) The specified person shall consider any representations served on him under paragraph (1) above and within 28 days after the date of the service on him of the representations shall serve a notice on the applicant and (unless the specified person is the Secretary of State) on the Secretary of State stating his decision.

(3) Where at any time during the currency of an approval the specified person is of the opinion that the approval should be altered or cancelled, he shall serve on the manufacturer or supplier of the relevant device a notice to that effect stating—

(a)his reasons;

(b)in the case of an alteration, the alteration he is minded to make; and

(c)that the manufacturer or supplier may within 28 days after the date of service of the notice serve written representations on him as to why the approval should not be altered or cancelled as the case may be.

(4) The specified person shall consider any representations served on him under paragraph (3) above and within 28 days after the date of the service on him of the representations shall serve a notice on the manufacturer or supplier and (unless the specified person is the Secretary of State) on the Secretary of State stating his decision and, if the decision is to alter or cancel the approval, giving the date from which the approval is altered or cancelled, as the case may be, not being a date earlier than the date of service of the notice and, in the case of an alteration, details of the alteration.

(5) Every notice under paragraph (2) or (4) above shall contain a statement of the right of appeal under paragraph (6) below and shall give particulars of the time within which, the manner in which and the address at which such an appeal can be lodged.

(6) A person aggrieved by a decision under paragraph (2) or (4) above may, not later than 6 weeks from the date of service of the notice of the decision, give notice to the Secretary of State, at the address stated for lodging of appeals in the notice of the decision, of his intention to appeal against the decision.

(7) If the grounds of appeal are not stated in the notice under paragraph (6) above, the appellant shall, not later than 6 weeks from the giving of that notice, give to the Secretary of State at the address referred to in that paragraph a further notice stating the grounds of the appeal.

(8) The Secretary of State may appoint to hear an appeal on his behalf any person (in this regulation referred to as “appointed person”) who appears to him by reason of his knowledge or experience to be qualified to do so; and except where he appoints only one such person in relation to an appeal he may determine which of them is to preside.

(9) The Secretary of State may appoint any person to give the appointed person advice on matters of law or on any other matter relating to the appeal.

(10) The Secretary of State may direct that oral representations shall be heard by an appointed person on his behalf and at any such hearing the appointed person shall give such directions as appear to be appropriate for the proper conduct of the hearing.

(11) Where the appeal is referred to any appointed person and, where a direction under paragraph (10) above has been made, he has completed any hearing of oral representations, he shall take into account any representations made and evidence produced in the course of the appeal and give to the Secretary of State a reasoned report in writing thereon.

(12) If the Secretary of State decides to allow the appeal, he shall give such directions for disposing of the appeal as he thinks fit.

(13) If the Secretary of State decides to dimiss the appeal, the appellant shall be entitled to receive a copy of any report relating to the appeal which was given to the Secretary of State under paragraph (11) above.

(14) At any time the Secretary of State may extend the period, other than the period for giving notice of appeal under paragraph (6) above, within which a person is required or authorised by this regulation to do anything and this regulation shall have effect accordingly.

(15) Subject to the foregoing provisions of this regulation, the procedure to be followed in the course of an appeal, except in the course of the hearing before any appointed person of oral representations, shall be such as the Secretary of State may direct.