Fire Certificates (Special Premises) Regulations 1976

STATUTORY INSTRUMENTS
1976 No. 2003
HEALTH AND SAFETY
Fire Certificates (Special Premises) Regulations 1976

Right of appeal

12

(1)

A person who is aggrieved by-

(a)

anything mentioned in a notice served under Regulation 4(4) as a step which would have to be taken as a condition of the issue of a fire certificate or by the period allowed by such a notice for the taking of any steps mentioned in it;

(b)

a refusal to issue a fire certificate;

(c)

the inclusion of anything in, or the omission of anything from, a fire certificate;

(d)

a refusal to vary a fire certificate;

(e)

anything mentioned in a notice served under Regulation 6(4), 7(4) or 8 with respect to any premises as a step which must be taken if the Executive is not to become entitled to cancel the fire certificate relating to the premises;

may within 21 days from the relevant date, appeal to a court in accordance with the following provisions of this Regulation; and on such appeal the court may make such order as it thinks fit.

(2)

In this Regulation "the relevant date" means-

(a)

in the case of a person who was given notice in accordance with these Regulations of the matter by which he is aggrieved, the date of which he was served with that notice (and for this purpose the date on which a certificate was issued or an application deemed to have been refused shall be treated as a date on which the applicant was served with a notice);

(b)

in the case of any other person, the date on which the relevant notice, or amended notice, as the case may be, was posted under Regulation 5(6).

(3)

In any proceedings for an offence of contravening Regulation 11 or a requirement of, or condition contained in, a fire certificate at any time during the period between the relevant date and the final determination of any appeal under this Regulation, it shall be a defence that the appeal was brought and had not been determined.

(4)

In England and Wales, an appeal under this Regulation shall be brought by way of complaint to a magistrates’ court for an order and the Magistrates’ Courts Act 1952 shall apply to the proceedings; and in Scotland any such appeal shall be to the sheriff within whose jurisdiction the premises are situated.

(5)

The Executive and any other person aggrieved by an order made by a magistrates’ court on a complaint under this Regulation may appeal therefrom to the Crown Court.

12	(1)	A person who is aggrieved by-
		(a)	anything mentioned in a notice served under Regulation 4(4) as a step which would have to be taken as a condition of the issue of a fire certificate or by the period allowed by such a notice for the taking of any steps mentioned in it;
		(b)	a refusal to issue a fire certificate;
		(c)	the inclusion of anything in, or the omission of anything from, a fire certificate;
		(d)	a refusal to vary a fire certificate;
		(e)	anything mentioned in a notice served under Regulation 6(4), 7(4) or 8 with respect to any premises as a step which must be taken if the Executive is not to become entitled to cancel the fire certificate relating to the premises;
		may within 21 days from the relevant date, appeal to a court in accordance with the following provisions of this Regulation; and on such appeal the court may make such order as it thinks fit.
	(2)	In this Regulation "the relevant date" means-
		(a)	in the case of a person who was given notice in accordance with these Regulations of the matter by which he is aggrieved, the date of which he was served with that notice (and for this purpose the date on which a certificate was issued or an application deemed to have been refused shall be treated as a date on which the applicant was served with a notice);
		(b)	in the case of any other person, the date on which the relevant notice, or amended notice, as the case may be, was posted under Regulation 5(6).
	(3)	In any proceedings for an offence of contravening Regulation 11 or a requirement of, or condition contained in, a fire certificate at any time during the period between the relevant date and the final determination of any appeal under this Regulation, it shall be a defence that the appeal was brought and had not been determined.
	(4)	In England and Wales, an appeal under this Regulation shall be brought by way of complaint to a magistrates’ court for an order and the Magistrates’ Courts Act 1952 shall apply to the proceedings; and in Scotland any such appeal shall be to the sheriff within whose jurisdiction the premises are situated.
	(5)	The Executive and any other person aggrieved by an order made by a magistrates’ court on a complaint under this Regulation may appeal therefrom to the Crown Court.