Paragraph 6 AppealI1

England and Wales Not yet in force

(1)

The respondent may appeal to the court against a decision to give a penalty notice.

(2)

The grounds for appeal are—

(a)

that the decision was based on an error of fact;

(b)

that the decision was wrong in law;

(c)

that the amount of the penalty was unreasonable;

(d)

in a case to which paragraph 5 applies, that the respondent is excused from payment by virtue of sub-paragraph (2) of that paragraph;

(e)

any other reason.

(3)

Any appeal must be brought before the end of the period of 28 days beginning with the day on which the penalty notice was given.

(4)

The court may—

(a)

allow the appeal and cancel the penalty,

(b)

allow the appeal and reduce the amount of the penalty, or

(c)

dismiss the appeal.

(5)

An appeal is to be a re-hearing of the relevant officer’s decision to impose the penalty and is to be determined having regard to any matter which the court considers relevant (which may include matters of which the officer was unaware).

(6)

Sub-paragraph (5) has effect despite any provision of rules of court.

(7)

In this paragraph “the court” means—

(a)

the county court, if the appeal relates to a penalty notice given to—

(i)

a content manager who is habitually resident in England and Wales,

(ii)

a service provider where the provider’s registered office, or principal office in the United Kingdom, is in England and Wales, or

(iii)

a service provider where the provider has no office in the United Kingdom;

(b)

a sheriff or summary sheriff, if the appeal relates to a penalty notice given to—

(i)

a content manager who is habitually resident in Scotland, or

(ii)

a service provider where the provider’s registered office, or principal office in the United Kingdom, is in Scotland;

(c)

a county court in Northern Ireland, if the appeal relates to a penalty notice given to—

(i)

a content manager who is habitually resident in Northern Ireland, or

(ii)

a service provider where the provider’s registered office, or principal office in the United Kingdom, is in Northern Ireland.

Annotations

Commencement

I1: Sch. 4 para. 6 not in force at Royal Assent, see s. 255(1)