# Disability Discrimination Act 1995, Section 47L: Penalties under sections 47D to 47H: appeals

Extent: E+W+S
Status: prospective

(1) A person may appeal to the court against a penalty imposed on him under any of sections 47D to 47H on the ground that—
(a) he is not liable to the imposition of a penalty; or
(b) the amount of the penalty is too high.
(2) On an appeal under this section, the court may—
(a) allow the appeal and cancel the penalty;
(b) allow the appeal and reduce the penalty; or
(c) dismiss the appeal.
(3) 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—
(a) any code of practice under section 47J which has effect at the time of the appeal; and
(b) any other matters which the court thinks relevant (which may include matters of which the Secretary of State was unaware).
(4) An appeal may be brought by a person under this section against a penalty whether or not—
(a) he has given notice of objection under section 47K(4); or
(b) the penalty has been reduced under section 47K(6).
(5) A reference in this section to “the court” is a reference—
(a) in England and Wales, to a county court; and
(b) in Scotland, to the sheriff.
(6) The sheriff may transfer proceedings under this section to the Court of Session.
(7) 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.

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Source: https://www.legislation.gov.uk/ukpga/1995/50/section/47L (the official version)
Page: https://openlegislation.uk/disability-discrimination-act-1995/section-47L
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.