OpenLegislation

Regulation 55 Appeal against surcharge or interest

Original text. Later amendments are not shown.

(1)

A liable person may appeal to the Secretary of State against—

(a)

a surcharge imposed under—

(i)

regulation 35 (failure to assume liability),

(ii)

regulation 36 (late payment), or

(iii)

regulation 37 (failure to notify material change in development), or

(b)

the accrual of interest under regulation 39.

(2)

An appeal under paragraph (1)(a)(i) must be only on one or more of the following grounds—

(a)

that the conditions for the imposition of liability under regulation 16 were not met;

(b)

that the surcharge has been calculated incorrectly.

(3)

An appeal under paragraph (1)(a)(ii) or (1)(b) must be only on one or more of the following grounds—

(a)

that the conditions for the imposition of the surcharge under regulation 36 or accrual of interest under regulation 39 were not met;

(b)

that the person was not liable for the relevant amount to which the surcharge or interest related;

(c)

that Natural England did not give a liability notice to the person;

(d)

that the surcharge or interest has been calculated incorrectly.

(4)

An appeal under paragraph (1)(a)(iii) must be only on one or more of the following grounds—

(a)

either that—

(i)

there was no material change in the details of the relevant development which required a liable person to inform Natural England, or

(ii)

there was a material change in the details of the relevant development but a liable person informed Natural England in accordance with regulation 25(1);

(b)

the surcharge has been calculated incorrectly.

(5)

An appeal against a surcharge must be made before the end of the period of 28 days beginning with the day after the day on which Natural England gave a notice to the appellant under regulation 38(1) (surcharges: procedure).

(6)

An appeal against interest must be made before the end of the period of 28 days beginning with the day after—

(a)

where the appeal is only on the ground specified in paragraph (3)(d), the day on which Natural England gave an acknowledgment of receipt to the appellant under regulation 28 confirming that interest has stopped accruing, or

(b)

in all other cases, the day on which Natural England gave a notice to the appellant under regulation 39(3) (interest on late payment).

(7)

No amount is payable in respect of a surcharge or interest which is subject to an appeal under this regulation while the appeal is outstanding.

(8)

On an appeal under this regulation, the Secretary of State may—

(a)

confirm the surcharge or interest,

(b)

recalculate the surcharge or interest, or

(c)

reverse the decision to impose a surcharge or interest.