Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Act 2024

Appeal of compliance notice

83. (1) A person on whom a compliance notice has been served may within 21 days of service of the compliance notice appeal to the District Court in respect of the notice or any requirement therein.

(2) Where an appeal is brought under this section, the District Court may—

(a) confirm the notice in whole or in part, with or without amendment of that notice, or

(b) allow the appeal.

(3) Where the District Court allows the appeal, the compliance notice shall cease to have effect.

(4) Where the District Court confirms a compliance notice, the notice as so confirmed, shall unless an appeal is brought under subsection (5) come into operation on the expiry of 21 days of the date of confirmation or such later date as the court may determine.

(5) A person may within 21 days of the confirmation appeal a confirmation of a compliance notice by the District Court to the Circuit Court.

(6) Where the Circuit Court allows the appeal, the compliance notice shall cease to have effect.

(7) Where the Circuit Court confirms the compliance notice (in whole or in part, with or without amendment), the notice as so confirmed shall come into operation on such date as the Circuit Court shall determine.

(8) Any of the parties concerned may appeal a determination of the Circuit Court to the High Court on a point of law.

(9) The jurisdiction conferred on the District Court or the Circuit Court, as the case may be, under this section shall be exercised by a judge of that court for the time being assigned to the district court district or circuit, as the case may be, in which the person on whom the compliance notice is served ordinarily resides or carries on any profession, business or occupation.