(4) On an application to vary the terms of a notice, the court or the sheriff, as the case may be, may vary the requirements specified in the notice as it considers appropriate.
(5) A person on whom a recall notice has been served and who proposes to make an application under paragraph (1) in relation to the notice may, before the end of the period of seven days beginning with the day on which the notice was served, apply to the court or the sheriff for an order suspending the effect of the notice and the court or the sheriff may, in any case where it considers it appropriate to do so, make an order suspending the effect of the notice.
(6) If the court or the sheriff makes an order suspending the effect of a recall notice under paragraph (5) in the absence of the enforcement authority, the enforcement authority may apply for the revocation of such order.
(7) An order under paragraph (5) shall take effect from the time it is made until—
- (a) it is revoked under paragraph (6),
- (b) where no application is made under paragraph (1) in respect of the recall notice within the time specified in that paragraph, the expiration of that time,
- (c) where such an application is made but is withdrawn or dismissed for want of prosecution, the date of dismissal or withdrawal of the application, or
- (d) where such an application is made and is not withdrawn or dismissed for want of prosecution, the determination of the application.
(8) Subject to paragraph (6), in Scotland the sheriff’s decision under paragraph (5) shall be final.
(9) An application under this regulation may be made—
- (a) by way of complaint to any magistrates’ court in which proceedings have been brought in England and Wales or Northern Ireland—
- (i) in respect of a contravention in relation to the product of a requirement imposed by or under these Regulations; or
- (ii) for the forfeiture of the product under regulation 18;
- (b) where no such proceedings have been brought, by way of complaint to any magistrates’ court; or
- (c) in Scotland, by summary application to the sheriff.
(10) A person aggrieved by an order made pursuant to an application under paragraph (1) by a magistrates’ court in England, Wales or Northern Ireland, or by a decision of such a court not to make such an order, may appeal against that order or decision—
- (a) in England and Wales, to the Crown Court;
- (b) in Northern Ireland, to the county court.
Forfeiture: England and Wales and Northern Ireland
18.—(1) An enforcement authority in England and Wales or Northern Ireland may apply for an order for the forfeiture of a product on the grounds that the product is a dangerous product.
(2) An application under paragraph (1) may be made—
- (a) where proceedings have been brought in a magistrates’ court for an offence in respect of a contravention in relation to the product of a requirement imposed by or under these Regulations, to that court,
- (b) where an application with respect to the product has been made to a magistrates’ court under regulation 17 (appeals against safety notices) or 25 (appeals against detention of products and records) to that court, and
- (c) otherwise, by way of complaint to a magistrates’ court.
(3) An enforcement authority making an application under paragraph (1) shall serve a copy of the application on any person appearing to it to be the owner of, or otherwise to have an interest
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