Regulation 45 Appeals
England and Wales
A person may appeal against the following decisions of an enforcing authority—
a decision, by the service of a notice under regulation 39, to serve a compliance notice on that person;
a decision, by the service of a notice under regulation 40, to impose a non-compliance penalty on that person;
a decision, by the service of a notice under regulation 41, to impose a fixed monetary penalty on that person;
a decision, by the service of a notice under regulation 42, to require that person to pay enforcement costs.
The grounds for appeal are that—
the decision was based on an error of fact;
the decision was wrong in law or for any other reason;
the decision was unreasonable for any reason.
An appeal under this Part is to the First-tier Tribunal.
An appeal under this regulation suspends the effect of the notice appealed against until the appeal is determined or withdrawn.
On appeal the First-tier Tribunal may cancel, confirm or vary the notice appealed against.