Article 16 Appeals

(1)

A seller may appeal on any ground to the First-tier Tribunal^f1 against an administrator’s decision to—

(a)

impose a fixed monetary penalty under article 9(1);

(b)

impose a discretionary requirement under article 10(1);

(c)

impose a non-compliance penalty under article 11(1);

(d)

require payment of costs under article 12(1).

(2)

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

(3)

The First-tier Tribunal may, in relation to the imposition of a requirement or service of a notice under this Order—

(a)

withdraw the requirement or notice;

(b)

confirm the requirement or notice;

(c)

take such steps as the administrator could have taken 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

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, 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.