Paragraph 6 AppealsI1

England, Wales and Scotland Not yet in force

(1)

A person to whom a compliance 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—

(i)

that the infringement of the permit scheme 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 infringement of the permit scheme, or failure of compliance, on the grounds of which the notice was issued did not occur, or

(ii)

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

(c)

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 4 (3), or

(ii)

that the time or manner specified for payment is unreasonable;

(d)

that the appropriate national authority failed to comply with paragraph 3, or made some other procedural error, in respect of the notice.

(3)

If satisfied that any of the 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 appropriate national authority with a direction that the appropriate national authority 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 paragraph 5, or

(c)

if the appeal is allowed on the ground in sub-paragraph (2)(b)(ii) or (c), 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 appropriate national authority varies the notice further to the direction, or

(b)

by the specified time, the appropriate national authority 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 paragraph 2 (4), either the appropriate national authority 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 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. 6 para. 6 not in force at Royal Assent, see s. 99(1)