(4) Where an enforcement authority serves a suspension notice in respect of a product, the authority shall be liable to pay compensation to a person having an interest in the product in respect of any loss or damage suffered by reason of the notice if—
- (a) there has been no contravention of any requirement of these Regulations in relation to the product; and
- (b) the exercise by the authority of the power to serve the suspension notice was not attributable to any neglect or default by that person.
(5) Where an enforcement authority serves a withdrawal notice in respect of a product, the authority shall be liable to pay compensation to a person having an interest in the product in respect of any loss or damage suffered by reason of the notice if—
- (a) the product was not a dangerous product; and
- (b) the exercise by the authority of the power to serve the withdrawal notice was not attributable to any neglect or default by that person.
(6) Where an enforcement authority serves a recall notice in respect of a product, the authority shall be liable to pay compensation to the person on whom the notice was served in respect of any loss or damage suffered by reason of the notice if—
- (a) the product was not a dangerous product; and
- (b) the exercise by the authority of the power to serve the recall notice was not attributable to any neglect or default by that person.
(7) An enforcement authority may vary or revoke a safety notice which it has served provided that the notice is not made more restrictive for the person on whom it is served or more onerous for that person to comply with.
(8) Wherever feasible prior to varying a safety notice the authority shall give an opportunity to the person on whom the original notice was served to submit his views to the authority.
Appeals against safety notices
17.—(1) A person on whom a safety notice has been served and a person having an interest in a product in respect of which a safety notice (other than a recall notice) has been served may, before the end of the period of 21 days beginning with the day on which the notice was served, apply for an order to vary or set aside the terms of the notice.
(2) On an application under paragraph (1) the court or the sheriff, as the case may be, shall make an order setting aside the notice only if satisfied that—
- (a) in the case of a suspension notice, there has been no contravention in relation to the product of any requirement of these Regulations,
- (b) in the case of a requirement to mark or a requirement to warn, the product is not a dangerous product,
- (c) in the case of a withdrawal notice—
- (i) the product is not a dangerous product, or
- (ii) where applicable, regulation 14(3) has not been complied with by the enforcement authority concerned,
- (d) in the case of a recall notice—
- (i) the product is not a dangerous product, or
- (ii) regulation 15(4) has not been complied with,
- (e) in any case, the serving of the safety notice concerned was not proportionate to the seriousness of the risk.
(3) On an application concerning the period of time specified in a suspension notice as the period for which it applies, the court or the sheriff, as the case may be, may reduce the period to such period as it considers sufficient for organising appropriate safety evaluations, checks and controls.
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