Regulation 8 Appeals
(1)
A person to whom a final notice is given may appeal to the First-tier Tribunal against—
(a)
the decision to impose the penalty; or
(b)
the amount of the penalty.
(2)
If a person appeals under this regulation, the final notice is suspended until the appeal is finally determined or withdrawn.
(3)
An appeal under this regulation—
(a)
is to be a re-hearing of the Secretary of State’s decision; but
(b)
may be determined having regard to matters of which the Secretary of State was unaware when the decision was made.
(4)
On an appeal under this regulation, the First-tier Tribunal may confirm, quash or vary the final notice.
(5)
The final notice may not be varied under paragraph (4) so as to impose a financial penalty which is not the amount determined in accordance with regulation 3.