Regulation 87 Appeal to First Tier Tribunal

(1)

Subject to paragraph (5), any person directly affected by a decision of the Secretary of State—

(a)

to refuse an application for authorisation under Part 3 to act as a green deal assessor certification body or a green deal installer certification body;

(b)

to impose or not to impose a sanction under Part 8,

may appeal to the First Tier Tribunal.

(2)

The Tribunal must determine the standard of proof in any case.

(3)

The Tribunal may suspend a decision pending determination of the appeal.

(4)

The Tribunal may—

(a)

in relation to a decision under Part 3 or 8—

(i)

withdraw, confirm or vary the decision;

(ii)

remit the decision to the Secretary of State;

(b)

in relation to a decision whether to impose a sanction under Part 8, impose a different sanction or take different action.

(5)

A relevant energy supplier may not appeal under this regulation unless it is affected by a decision for a reason which is not connected with its collection of payments under a plan.