Paragraph 8 AppealsF1

(1)

A person on whom a financial penalty is imposed by a final notice may, within the period of 28 days beginning with the day after that on which the notice was given, appeal against the notice to the First-tier Tribunal.

(2)

The grounds for an appeal under this paragraph are that the decision to impose the financial penalty was—

(a)

based on an error of fact,

(b)

wrong in law, or

(c)

unreasonable.

(3)

If a person appeals under this paragraph, the final notice is suspended until the appeal is finally determined or withdrawn.

(4)

On an appeal under this paragraph the First-tier Tribunal may—

(a)

quash the final notice,

(b)

confirm the final notice,

(c)

vary the final notice by reducing the amount of the financial penalty, or

(d)

remit to the local authority the decision whether to—

(i)

withdraw or confirm the final notice, or

(ii)

vary the final notice by reducing the amount of the financial penalty.

Annotations

Textual amendments

F1: Sch. 1A inserted (E.W.) (1.5.2022) by Environment Act 2021 (c. 30), s. 147(3), Sch. 12 para. 3 (with s. 144, Sch. 12 para. 26); S.I. 2022/48, reg. 4(d)

Notes on Schedule 1A

Textual amendments

F2: Words in Sch. 1A heading inserted (E.W.) (31.7.2025) by Environment (Air Quality and Soundscapes) (Wales) Act 2024 (asc 2), s. 30(3), Sch. 1 para. 2; S.I. 2025/937, art. 2(g)