# Commission Regulation (EU) No 389/2013 of 2 May 2013 establishing a Union Registry pursuant to Directive 2003/87/EC of the European Parliament and of the Council, Decisions No 280/2004/EC and No 406/2009/EC of the European Parliament and of the Council and repealing Commission Regulations (EU) No 920/2010 and No 1193/2011 (Text with EEA relevance), Article 110b: Right of appeal regarding Article 110a notices


(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.

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Source: https://www.legislation.gov.uk/eur/2013/389/article/110b (the official version)
Page: https://openlegislation.uk/eu-regulation-2013-389/article-110b
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.