S.L. 458.51 · Medicines Products (Injunction To (S.L. 458.51)
S.L. 458.51 Art. 9Appeal from a compliance order. Cap.12.
(1) A person against whom a compliance order has been made, may, within fifteen days from receipt of notification of the compliance order, appeal in writing to the Court of Appeal for the revocation or amendment of the compliance order, giving detailed grounds for the request. Such appeal may be made only on the following grounds:
(a) the Authority has, in its decision wrongly applied any of the provisions of these regulations; or
(b) the decision of the Authority constitutes an abuse of discretion or is manifestly unfair.
(2) The Court of Appeal may confirm, change or cancel the compliance order on any terms or conditions it considers appropriate.
(3) Where an appeal is instituted under subregulation (1), the compliance order shall remain in force unless the Court of Appeal specifically orders that the compliance order shall be stayed pending the outcome of the appeal, subject to such conditions and amendments as it may determine. In any such instance, the Authority may request the Court of Appeal to make an interim compliance order, ordering that the compliance order shall, subject to such modifications as the Authority may suggest, continue in force pending the final determination of the case instituted in accordance with subregulation (1). An interim compliance order shall expire upon the final determination of the case.
(4) Subject to these regulations, the provisions of the Code of Organization and Civil Procedure shall, mutatis mutandis, govern appeals to the Court of Appeal.