Regulation 26 Appeals against enforcement notices etc.F5

A person who is aggrieved by an enforcement notice may appeal against it.

F1Except in the case of an appeal mentioned in paragraph (2A), the right of appeal is to a magistrates' court or, in Scotland, to the sheriff.

Schedule 5 sets out the procedure for an appeal against an enforcement notice, a civil penalty notice or an enforcement cost recovery notice, served by the Secretary of State, the Environment Agency, the Scottish Ministers or SEPA.

The procedure on appeal to a magistrates' court is—

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An appeal must be brought by no later than 28 days after the date on which the enforcement notice is served.

An enforcement notice is not suspended pending an appeal unless the court or sheriff orders otherwise.

The grounds for an appeal brought under this regulation are that a decision to serve the enforcement notice was—