# The Export (Penalty) Regulations 2003, Regulation 9: Right to appeal against certain decisions

Extent: E+W+S+N.I.

(1) If HMRC give a person or his representative a notice informing him—
(a) that HMRC have decided that the person has engaged in conduct by which he contravenes a relevant export rule, and
(b) that the person is, in consequence, liable to a penalty under regulation 3, but
(c) that HMRC do not propose to give a demand notice in respect of the penalty,
the person or his representative may make an appeal to the appeal tribunal in respect of the decision mentioned in sub-paragraph(a) above.
(2) Where HMRC give a demand notice to a person or his representative, the person or his representative may make an appeal to the appeal tribunal in respect of—
(a) their decision that the person is liable to a penalty under regulation 3, or
(b) their decision as to the amount of the liability.
(3) The powers of the appeal tribunal on an appeal under this regulation include—
(a) power to quash or vary a decision; and
(b) power to substitute the tribunal’s own decision for any decision so quashed.
(4) On an appeal under this regulation—
(a) the burden of proof as to the matters mentioned in regulation 3(1) lies on HMRC; but
(b) it is otherwise for the appellant to show that the grounds on which any such appeal is brought have been established.

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Source: https://www.legislation.gov.uk/uksi/2003/3102/regulation/9 (the official version)
Page: https://openlegislation.uk/export-penalty-regulations-2003/regulation-9
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.