Regulation 41 Appeals

(1)

A person on whom a compliance notice, stop notice or restoration notice is served may appeal against the decision to serve it.

(2)

The grounds for appeal are—

(a)

that the decision was wrong in fact;

(b)

that the decision was wrong in law;

(c)

that the decision was unreasonable;

(d)

that any step specified in the notice is unreasonable;

(e)

any other reason.

(3)

The right of appeal is to the First-tier tribunal^f1.

(4)

The tribunal must determine the standard of proof.

(5)

A notice, and any requirement in a notice, is not suspended pending an appeal unless the tribunal directs otherwise.

(6)

The tribunal may—

(a)

withdraw the requirement or notice;

(b)

confirm the requirement or notice;

(c)

vary the requirement or notice;

(d)

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

(e)

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

Annotations

f1: Appeals are assigned to the General Regulatory Chamber of the tribunal by article 3 of S.I. 2010/2655. Procedural rules relating to such appeals are set out in S.I. 2009/1976 (amended by S.I. 2010/2653). Appeals must be brought within 28 days of the date on which notice of the act or decision to which the proceedings relate was sent to the appellant: see rule 22(1)(b).