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Appealing an Prohibition Notice

A person aggrieved by a prohibition notice served under the 2005 Act or the Chemicals Act 2008 may, within 7 days beginning on the day on which the notice is served on him or her, appeal against the notice to a Judge of the District Court in the District Court district in which the notice was served. When determining the appeal the Judge may, if he or she is satisfied that it is reasonable to do so, confirm, vary or cancel the notice. Appealing a prohibition notice does not suspend the operation of the notice but the appellant may apply to the Court to have the operation of the notice suspended until the appeal is disposed of.

It is at the discretion of the Court to direct that the operation of the notice be suspended until the appeal is disposed of. If the prohibition notice is confirmed on appeal the Judge may, on the application of the appellant, suspend the operation of the notice for such period as in the circumstances of the case the Judge considers appropriate.

Any person appealing a prohibition notice or applying for the suspension of a prohibition notice shall notify the Authority of the appeal or the application and the grounds for the appeal or the application. The Authority is entitled to appear, be heard and adduce evidence on the hearing of the appeal or the application.

Appealing an Improvement or Contravention Notice

A person aggrieved by an improvement notice served under the 2005 Act or a contravention notice under the Chemicals Act 2008 may, within 14 days beginning on the day on which the notice is served on him or her, appeal against the notice to a Judge of the District Court in the District Court district in which the notice was served. When determining the appeal the Judge may, if he or she is satisfied that it is reasonable to do so, confirm, vary or cancel the notice.

Any person appealing an improvement notice or applying for the suspension shall notify the Authority of the appeal or the application and the grounds for the appeal or the application. The Authority is entitled to appear, be heard and adduce evidence on the hearing of the appeal or the application. The taking of an appeal against an improvement notice suspends the notice until the appeal is heard or the appeal is withdrawn.

Appealing an Information Notice

A person on whom an information notice served under the 2005 Act or the Chemicals Act 2008 may, within 7 days beginning on the day on which the notice is served on him or her, appeal to a Judge of the District Court in the District Court district in which the notice was served. In determining the appeal the Judge may, if he or she is satisfied that it is reasonable to do so, confirm, vary or cancel the notice.

Where, on the hearing of an appeal, a notice is confirmed or varied, the Judge of the District Court by whom the appeal is heard may, on the application of the appellant, suspend the operation of the notice for such period as in the circumstances of the case the Judge considers appropriate.

Prescribed Manner for taking an Appeal

The manner for lodging an appeal against a Prohibition Notice, Improvement Notice or Information Notice under the 2005 Act is prescribed and is set out in the Safety, Health and Welfare at Work Act 2005 (Appeals Forms) Rules 2005 (S.I. No.548 of 2005). The appeals process to be used for the Contravention, Prohibition and Information Notices under the Chemicals Act 2008 is under development. Please check the Courts Service of Ireland for the up to date situation.