Paragraph 5
A Union importer served with a notice imposing a non-compliance penalty may appeal the non-compliance penalty, on the grounds that—
the decision to serve the notice was based on a material error of fact;
the decision was wrong in law;
the decision was unfair or unreasonable; or
the amount of the penalty was unreasonable.
An appeal under paragraph (1) shall be made to the First-tier Tribunalf1.
The Tribunal shall determine the standard of proof.
Any notice which is subject to an appeal is suspended pending the determination or withdrawal of the appeal.
On determination of an appeal, the Tribunal may withdraw, confirm, suspend or vary a notice imposing a non-compliance penalty, or otherwise—
take such action as the Secretary of State may take in relation to an act or omission giving rise to a notice; or
remit the decision to impose the non-compliance penalty, or any matter relating to that decision, to the Secretary of State.
The Tribunal may (in addition to any other order it may make as to costs or expenses) order the Union importer to reimburse the Secretary of State for any expenditure the Secretary of State has reasonably incurred in relation to the imposition of civil sanctions under regulation 15, including expenditure incurred in the exercise of any powers under regulations 8, 10 or 11.
Annotations
Footnotes
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The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 (S.I. 2009/1976) govern the practice and procedure to be followed by the First-tier Tribunal in proceedings allocated to the Tribunal’s General Regulatory Chamber.