Regulation 20 Appeals

(1)

An appeal under these Regulations is to the First-tier Tribunal^f1 (“the Tribunal”).

(2)

In an appeal where the commission of a breach is an issue requiring determination, the Administrator shall prove that breach on the balance of probabilities.

(3)

In any other case the Tribunal shall determine the standard of proof.

(4)

A requirement or notice which is the subject of an appeal is suspended pending the determination of the appeal.

(5)

The Tribunal may, in relation to the imposition of a requirement or service of a notice—

(a)

withdraw the requirement or notice;

(b)

confirm the requirement or notice;

(c)

take such steps as the Administrator could take in relation to the act or omission giving rise to the requirement or notice;

(d)

remit the decision whether to confirm the requirement or notice, or any matter relating to that decision, to the Administrator.

Annotations

Footnotes

f1: Appeals are assigned to the General Regulatory Chamber of the First-tier Tribunal by virtue of article 5B(a) of the First-tier Tribunal and Upper Tribunal (Chambers) Order 2008 (S.I. 2008/2684, amended by S.I. 2009/196, 2009/1021 and 2009/1590). The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 (S.I. 2009/1976) sets out procedural rules relating to such appeals.