55.—(1) Where an authorised officer is of the opinion that a person has contravened a provision to which this section applies, the authorised officer may, with the approval of the chief executive officer of the Executive, or another officer of the Executive designated for that purpose, serve, or arrange to have served, on the person concerned, an order (in this section referred to as a "prohibition notice") in accordance with subsection (2).

(2) A prohibition notice shall—

(a) be signed by the authorised officer issuing it,

(b) state that the authorised officer is of the opinion that there has been a contravention referred to in subsection (1),

(c) specify the provision or provisions of this Act or the Act of 2023 to which the suspected contravention referred to in subsection (1) relates, and

(d) direct the person on whom the prohibition notice is served to ensure that—

(i) the contravention of a provision referred to in paragraph (c), should cease immediately on the service of the prohibition notice,

(ii) the tobacco product or nicotine inhaling product, is not placed or made available on the market until such time as all appropriate measures, including corrective measures, have been taken to bring the product into compliance with the provision of this Act or the Act of 2023 to which the contravention relates,

(iii) the tobacco product or nicotine inhaling product to which the contravention relates, is not placed or made available on the market until such time as all appropriate measures have been taken to ensure compliance with the provision of this Act or the Act of 2023 to which the contravention relates,

(iv) the tobacco product or nicotine inhaling product to which the contravention relates, is withdrawn or recalled from the market within a specified period of time, or

(v) the tobacco product or nicotine inhaling product is destroyed within a specified period of time and in a manner specified in the notice by the authorised officer or is detained for the purposes of destruction by the authorised officer.

(3) The approval referred to in subsection (1) may be given orally or in writing and if given orally, shall be recorded in writing as soon as practicable.

(4) A prohibition notice shall take effect—

(a) where, the prohibition notice so declares, immediately the notice is received by the person on whom it is served, or

(b) in any other case—

(i) where no appeal is taken against the prohibition notice, on the expiration of the period during which such an appeal may be taken or the day specified in the prohibition notice as the day on which it is to come into effect, whichever is the later, or

(ii) where an appeal is taken, on the day next following the day on which the prohibition notice is confirmed on appeal or the appeal is withdrawn or the day specified in the prohibition notice as the day on which it is to come into effect, whichever is the later.

(5) The bringing of an appeal against a prohibition notice which is to take effect in accordance with subsection (4)(a) shall not have the effect of suspending the operation of the prohibition notice, but the appellant may apply to the District Court to have the operation of the prohibition notice suspended until the appeal is disposed of and, on such application, the District Court may, if it thinks it proper to do so, direct that the operation of the prohibition notice be suspended until the appeal is disposed of.

(6) In the event of non-compliance or delay by the person on whom the prohibition notice has been served, an authorised officer shall, with the approval of the chief executive officer or other officer designated in that behalf by the Executive, take whatever steps are considered necessary to ensure compliance with the direction given under subsection (2)(d) and this may include the withdrawal, recall, seizure and destruction of the products in question or the making of any arrangements for such withdrawal, recall, seizure or destruction, or both.

(7) A person who is aggrieved by a prohibition notice may, within the period of 7 days beginning on the day on which the prohibition notice is served on him or her, appeal in the prescribed manner against the notice to a judge of the District Court in the District Court district in which the prohibition notice was served and in determining the appeal the judge may—

(a) if he or she is satisfied that in the circumstances of the case it is reasonable to do so, confirm the prohibition notice, with or without modification, or

(b) cancel the prohibition notice.

(8) Where on the hearing of an appeal under subsection (7), a prohibition notice is confirmed, notwithstanding subsection (6), the judge of the District Court by whom the appeal is heard may, on the application of the appellant, suspend the operation of the prohibition notice for such period as in the circumstances of the case the judge considers appropriate.

(9) A person who appeals against a prohibition notice or who applies for a direction suspending the application of the prohibition notice under subsection (5) shall at the same time notify the Executive of the appeal or the application and the grounds for the appeal or the application and the Executive shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal or the application.

(10) The chief executive officer of the Executive, or another officer of the Executive designated for that purpose may, for stated reasons, revoke or vary a prohibition notice made in accordance with this section and the Executive shall be notified at the next available meeting of the Executive of any such revocation or variation and the reasons therefore.

(11) Where a prohibition notice has been served and activities are carried on in contravention of the prohibition notice, the High Court may, on the application of the Executive, by order prohibit the continuance of the activities.

(12) An application to the High Court for an order under subsection (11) shall be by motion on notice to the person and the Court, when considering the matter, may make such interim or interlocutory order (if any) as it considers appropriate and the order by which an application under subsection (11) is determined may contain such terms and conditions (if any) as to the payment of costs as the Court considers appropriate.

(13) This section applies to—

(a) sections 38(1), 38(2), 38(7), 38(8), 38(9) and 43(1), and

(b) sections 25, 26, 28 and 29 of the Act of 2023.]