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The Radio Equipment Regulations 2017

The Radio Equipment Regulations 2017 reg 73

reg 73 Appeals against notices

(1) An application for an order to vary or set aside the terms of a notice served under these Regulations may be made— (a) by the economic operator on whom the notice has been served, (b) by a person having an interest in the radio equipment in respect of which the notice has been served, unless the notice is a recall notice. (2) An application must be made before the end of the period of 21 days beginning with the day on which the notice was served. (3) The appropriate court may only make an order setting aside a notice served under these Regulations if satisfied— (a) that the requirements of these Regulations and of RAMS (in its application to radio equipment) have been complied with in respect of the radio equipment to which the notice relates, or (b) that the enforcing authority failed to comply with regulation 58 (exercise of enforcement powers) when serving the notice. (4) On an application to vary the terms of a notice served under these Regulations, the appropriate court may vary the terms of the notice as it considers appropriate. (5) In this regulation— (a) the “appropriate court” is to be determined in accordance with regulation 74 (appropriate court for appeals against notices), (b) “ notice ” means any notice served in accordance with Schedule 10.

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