Regulation 43 AppealsI1

England and Wales

(1)

A person may appeal against the following decisions of an enforcing authority—

(a)

a decision, by the service of a notice under regulation 37, to serve a compliance notice on that person;

(b)

a decision, by the service of a notice under regulation 38, to impose a non-compliance penalty on that person;

(c)

a decision, by the service of a notice under regulation 39, to impose a fixed monetary penalty on that person;

(d)

a decision, by the service of a notice under regulation 40, to require that person to pay enforcement costs.

(2)

The grounds for appeal are that—

(a)

the decision was based on an error of fact;

(b)

the decision was wrong in law or for any other reason;

(c)

the decision was unreasonable for any reason.

(3)

An appeal under this Part is to the First-tier Tribunal.

(4)

An appeal under this regulation suspends the effect of the notice appealed against until the appeal is determined or withdrawn.

(5)

On appeal the First-tier Tribunal may cancel, confirm or vary the notice appealed against.

Annotations