Section 47L Penalties under sections 47D to 47H: appealsF1E1
England, Wales and Scotland Not yet in force
A person may appeal to the court against a penalty imposed on him under any of sections 47D to 47H on the ground that—
he is not liable to the imposition of a penalty; or
the amount of the penalty is too high.
On an appeal under this section, the court may—
allow the appeal and cancel the penalty;
allow the appeal and reduce the penalty; or
dismiss the appeal.
An appeal under this section shall be a re-hearing of the Secretary of State’s decision to impose a penalty, and shall be determined having regard to—
any code of practice under section 47J which has effect at the time of the appeal; and
any other matters which the court thinks relevant (which may include matters of which the Secretary of State was unaware).
An appeal may be brought by a person under this section against a penalty whether or not—
he has given notice of objection under section 47K(4); or
the penalty has been reduced under section 47K(6).
A reference in this section to “the court” is a reference—
in England and Wales, to a county court; and
in Scotland, to the sheriff.
The sheriff may transfer proceedings under this section to the Court of Session.
Where the sheriff has made a determination under subsection (2), any party to the proceedings may appeal on a point of law, either to the Sheriff Principal or to the Court of Session, against that determination.
Annotations
Textual amendments
- F1
Ss. 47D-47M inserted (E.W.S.) (prosp.) by Disability Discrimination Act 2005 (c. 13), ss. {8(1)}, 20(3)-(6)
- F2
Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)
Extent
- E1
This section extended to England, Wales and Scotland only; a separate s. 47L exists for Northern Ireland only.
Notes on the whole Act
Textual amendments
- F1
Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)