Article 110b Right of appeal regarding Article 110a noticesF1
Subject to paragraph 2, a person who is aggrieved by a notice served on them under Article 110a(1) may appeal against the notice to the First-tier Tribunal.
An appeal under paragraph 1 may not be made to the extent that the notice implements a direction given by—
the Secretary of State under section 40 of the Environment Act 1995;
the First-tier Tribunal under this Regulation.
The bringing of an appeal under paragraph 1 suspends the effect of the notice pending the final determination or withdrawal of the appeal.
Subject to paragraph 5, in determining an appeal under paragraph 1, the First-tier Tribunal may—
affirm the notice;
quash the notice; or
vary any of the terms of the notice.
The First-tier Tribunal may not make a determination that would result in a notice which could not otherwise have been made under this Regulation.
Annotations
Textual amendments
- F1
Arts. 110a-110e inserted (1.5.2021) by The Greenhouse Gas Emissions (Kyoto Protocol Registry) Regulations 2021 (S.I. 2021/511), regs. 1, 8(17)