Regulation 50 Appeal against enforcement notices

(1)

If the person who requested a review under regulation 49(1) is not satisfied with the outcome of the review, that person may appeal the decision to issue the notice to the First-tier Tribunal.

(2)

An appeal must be made before the end of the period of 28 days beginning with the day on which the notice under regulation 49(5) is issued.

(3)

The grounds for an appeal under paragraph (1) are —

(a)

that the decision was based on an error of fact;

(b)

that the decision was wrong in law;

(c)

in the case of a compliance notice or stop notice, that any steps specified in the notice were unreasonable;

(d)

in the case of a stop notice, that the person to whom it was issued had not committed the relevant breach and would not have done so had the notice not been issued;

(e)

in the case of a monetary penalty notice, that the amount of the penalty was unreasonable;

(f)

that the decision was unreasonable for any other reason.

(4)

The First-tier Tribunal may—

(a)

uphold the enforcement notice;

(b)

vary the enforcement notice;

(c)

revoke the enforcement notice;

(d)

take such steps as the Secretary of State, or an inspector, as the case may be, could take in relation to the notice;

(e)

remit the decision whether to confirm the notice, or any matter relating to that decision, to the Secretary of State.

(5)

The operation of any compliance notice or monetary penalty notice to which the appeal relates is suspended pending the outcome of the appeal.