{
  "url": "https://openlegislation.uk/energy-performance-of-buildings-scotland-regulations-2008/regulation-20",
  "json_url": "https://openlegislation.uk/energy-performance-of-buildings-scotland-regulations-2008/regulation-20.json",
  "legislation": "ssi/2008/309",
  "legislation_title": "The Energy Performance of Buildings (Scotland) Regulations 2008",
  "legislation_url": "https://openlegislation.uk/energy-performance-of-buildings-scotland-regulations-2008",
  "path": "regulation/20",
  "kind": "regulation",
  "number": "20",
  "heading": "Appeal to the sheriff court",
  "text": "(1) If after a review the penalty charge notice is confirmed by the enforcement authority, the recipient may appeal against the penalty charge notice to the sheriff court of the sheriffdom in which the building is situated.\n(2) An appeal against a penalty charge notice must be made within the period of 28 days beginning with the day after that on which the notice under regulation 19(1)(c) is given.\n(3) The sheriff may extend the period for appealing against the notice on cause shown.\n(4) An appeal must be on one (or more) of the following grounds–\n(a) that the recipient did not commit the breach of regulation 5 specified in the penalty charge notice;\n(b) that the notice was not given within the time allowed by regulation 17(2)(b) or does not comply with any other requirement imposed by these Regulations; or\n(c) that in the circumstances of the case it was not reasonable for the notice to be given to the recipient.\n(5) An appeal against a penalty charge notice must be by summary application.\n(6) The sheriff must determine an appeal against a penalty charge notice by upholding or quashing the notice.\n(7) If the penalty charge notice is withdrawn or quashed, the enforcement authority must repay any amount previously paid as a penalty charge in pursuance of the notice.\n(8) The recipient or the enforcement authority may, on a point of law only, appeal to the sheriff principal.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2008/309/regulation/20",
    "retrieved_at": "2026-11-12T03:38:55.482810+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}