OpenLegislation

Article 110b Right of appeal regarding Article 110a noticesF1

Original text. Later amendments are not shown.

(1.)

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.

(2.)

An appeal under paragraph 1 may not be made to the extent that the notice implements a direction given by—

(a)

the Secretary of State under section 40 of the Environment Act 1995;

(b)

the First-tier Tribunal under this Regulation.

(3.)

The bringing of an appeal under paragraph 1 suspends the effect of the notice pending the final determination or withdrawal of the appeal.

(4.)

Subject to paragraph 5, in determining an appeal under paragraph 1, the First-tier Tribunal may—

(a)

affirm the notice;

(b)

quash the notice; or

(c)

vary any of the terms of the notice.

(5.)

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)