Regulation 5 Appeals – further provisions

(1)

In any appeal the burden of proof is on the licensing authority or enforcement authority (as appropriate), and—

(a)

where a question to be decided on the appeal is whether an offence has been committed, the authority must prove the commission of the offence beyond reasonable doubt;

(b)

in respect of any other issue to be decided on the appeal, the First-tier Tribunal is to determine the standard of proof.

(2)

The First-tier Tribunal may—

(a)

withdraw the notice or any requirement contained in it;

(b)

confirm the notice or any requirement contained in it;

(c)

vary the notice or any requirement contained in it;

(d)

take such steps as the licensing authority or enforcement authority (as appropriate) could take in relation to the act or omission giving rise to the notice; or

(e)

remit the decision whether to confirm the notice, or any matter relating to that decision, to the licensing authority or enforcement authority (as appropriate).

(3)

Where a notice revoking a marine licence is withdrawn under paragraph (2), the licence is to be treated as never having been revoked by that notice.