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Control of Major Accident Hazards Involving Dangerous Substances

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(b) Where on the hearing <strong>of</strong> an appeal under this paragraph the notice is<br />

confirmed, the Judge by whom the appeal is heard may, notwithstanding<br />

paragraph (3), on the application <strong>of</strong> the appellant, suspend the operation <strong>of</strong> the<br />

notice for such period as in the circumstances <strong>of</strong> the case he or she considers<br />

appropriate.<br />

(c) An appeal by an operator under this paragraph shall be brought before and<br />

heard and determined by a Judge <strong>of</strong> the District Court for the time being<br />

assigned to the district where the establishment, or any part there<strong>of</strong>, to which<br />

the notice served under this Regulation relates is situated.<br />

(d) The Judge determining an appeal under this paragraph may make such<br />

order as to the payment <strong>of</strong> costs in respect <strong>of</strong> the appeal as he or she considers<br />

appropriate.<br />

(5) Where paragraph (3) applies and an appeal is taken, it shall not<br />

have the effect <strong>of</strong> suspending the operation <strong>of</strong> the notice but the appellant may<br />

apply to the court to have the operation <strong>of</strong> the notice suspended until the<br />

appeal is disposed <strong>of</strong> and, on such application, the court may, if it thinks<br />

proper to do so, direct that the operation <strong>of</strong> the notice be suspended until the<br />

appeal is disposed <strong>of</strong>.<br />

(6) An inspector may at any time revoke a notice served on an operator under<br />

this Regulation.<br />

(7)(a) Where a notice has been served under this Regulation and activities are<br />

carried on in contravention <strong>of</strong> the notice, the High Court may on the<br />

application <strong>of</strong> the Central Competent Authority by order prohibit the<br />

continuance <strong>of</strong> the activities.<br />

(b) An application to the High Court for an order under this paragraph shall be<br />

in a summary manner and the Court may, on the application <strong>of</strong> the Central<br />

58

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