# The Vehicle Emissions Trading Schemes Order 2023, Article 108: Appeal against decisions of the administrator


(1) A participant in the Trading Schemes or an SPV manufacturer may appeal to the First-tier tribunal against a decision of the administrator to which this Part applies, on the ground that—
(a) the decision was based on an error of fact;
(b) the decision was wrong in law;
(c) in the case of a financial penalty, that the amount of the penalty is unreasonable;
(d) in the case of a non-financial penalty, that the nature of the penalty is unreasonable; or
(e) that the decision was wrong or unreasonable for any other reason.
(2) The First-tier tribunal may confirm the administrator’s decision, cancel it or substitute its own decision.
(3) Until any appeal made under this article against a decision mentioned in article 107(a) to (h) has been finally determined or withdrawn, no civil penalty may be imposed under Part 6 in relation to the decision.
(4) Until any appeal made under this article against a decision to impose a civil penalty under Part 6 has been finally determined or withdrawn, the civil penalty is suspended.
(5) If the outcome of an appeal made under this Part is that the administrator incorrectly treated a participant in the Trading Schemes or an SPV manufacturer as being, or as not being, entitled to an allowance or a credit, the administrator must take appropriate steps to correct the position in the registry.

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Source: https://www.legislation.gov.uk/ukdsi/2023/9780348252453/article/108 (the official version)
Page: https://openlegislation.uk/draft-vehicle-emissions-trading-schemes-order-2023/article-108
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.