Paragraph 7 AppealsI1

England, Wales and Scotland Not yet in force

(1)

A person to whom a compliance notice, redress notice, monetary penalty notice or costs notice is issued may appeal to the Tribunal.

(2)

The grounds on which an appeal may be brought are—

(a)

in the case of a compliance notice or redress notice—

(i)

that the failure to meet requirements, or commission of a traffic infraction, on the grounds of which the notice was issued did not occur, or

(ii)

that the actions specified in the notice, or the time or period specified for taking them, are unreasonable;

(b)

in the case of a monetary penalty notice—

(i)

that the failure to meet requirements, or commission of a traffic infraction, on the grounds of which the notice was issued did not occur, or

(ii)

that the sum or amount specified in the notice, or the time or manner specified for paying it, is unreasonable;

(c)

in the case of a compliance notice, redress notice or monetary penalty notice issued under section 34 (2), 35 (2) or 36 (2), that the commission of a traffic infraction on the grounds of which the notice was issued was caused as described in section 34 (3), 35 (3) or 36 (3);

(d)

in the case of a costs notice—

(i)

that costs relied on in arriving at the sum specified in the notice were not reasonably incurred as described in paragraph 6 (3), or

(ii)

that the time or manner specified for payment is unreasonable;

(e)

that the Secretary of State failed to comply with a requirement of paragraph 5, or made some other procedural error, in respect of the notice.

(3)

If satisfied that any of those grounds is made out, the Tribunal must allow the appeal and do whichever of the following it considers appropriate—

(a)

cancel the notice,

(b)

remit the matter to the Secretary of State with a direction that the Secretary of State consider, in accordance with the findings of the Tribunal and by such time as the Tribunal specifies, whether to cancel or vary the notice under section 37 (2), or

(c)

if the appeal is allowed on a ground in sub-paragraph (2)(b)(ii) or (d), vary the notice.

(4)

Otherwise, the Tribunal must dismiss the appeal.

(5)

Sub-paragraph (6) applies if a direction is made under sub-paragraph (3)(b) and—

(a)

the Secretary of State varies the notice further to the direction, or

(b)

by the specified time, the Secretary of State has neither varied nor cancelled the notice.

(6)

The person who appealed against the notice may on application re-open the appeal—

(a)

on any of the original grounds further to which the direction under sub-paragraph (3)(b) was made, or

(b)

in the case of a variation, on any further ground within sub-paragraph (2) that arises from the variation;

and sub-paragraphs (3) and (4) apply again in relation to the grounds on which the appeal is re-opened.

(7)

The Tribunal (or any court on a further appeal) may make an interim order suspending the effect of a notice appealed against under this paragraph.

(8)

If a monetary penalty notice includes provision under section 36 (6), either the Secretary of State or the person to whom the notice is issued may apply to the Tribunal for a determination of whether an additional sum has become payable under that provision in respect of a particular day.

(9)

In this paragraph, “the Tribunal” means the First-tier Tribunal, subject to sub-paragraph (10).

(10)

Tribunal Procedure Rules may provide for an appeal or application under this paragraph to be made to the Upper Tribunal instead of the First-tier Tribunal; and if that is done references to “the Tribunal” are to be read accordingly.

Annotations

Commencement

I1: Sch. 1 para. 7 not in force at Royal Assent, see s. 99(1)