Paragraph 16 Appeals

(1)

Any appeal under this Schedule must be made to the First-tier Tribunal.

(2)

An appeal must be brought within 28 days of the date on which the notice or decision is received.

(3)

In any appeal where the commission of an offence is an issue requiring determination, the authorised person must prove that offence according to the same burden and standard of proof as in a criminal prosecution.

(4)

All notices are suspended pending determination or withdrawal of the appeal.

(5)

The Tribunal may, in relation to the imposition of a requirement or service of a notice—

(a)

withdraw the requirement or notice;

(b)

confirm the requirement or notice;

(c)

vary the requirement or notice;

(d)

take such steps as the authorised person could take in relation to the act or omission giving rise to the requirement or notice;

(e)

remit the decision whether to confirm the requirement or notice, or any matter relating to that decision, to the authorised person.

Notes on Schedule 4

Modifications

C1: Sch. 4 applied (with modifications) (1.11.2022) by The Energy Bill Relief Scheme Pass-through Requirement (Heat Suppliers) (England and Wales and Scotland) Regulations 2022 (S.I. 2022/1101), regs. 1(2), 10 (as amended (7.12.2022) by S.I. 2022/1280, reg. 8)
C2: Sch. 4 applied (with modifications) (7.12.2022) by The Energy Bill Relief Scheme Pass-through Requirement (Heat Suppliers) (England and Wales and Scotland) Regulations 2022 (S.I. 2022/1101), reg. 12 (as inserted by S.I. 2022/1280, regs. 1(2), 9)
C3: Sch. 4 applied (with modifications) (7.12.2022) by The Energy Bill Relief Scheme Pass-through Requirement (Heat Suppliers) (Northern Ireland) Regulations 2022 (S.I. 2022/1124), reg. 11 (as inserted by S.I. 2022/1280, regs. 1(2), 16)
C4: Sch. 4 applied (with modifications) (E.W.S.) (26.4.2023) by The Energy Bills Discount Scheme Regulations 2023 (S.I. 2023/453), regs. 1(1), 73, Sch. 1 (with regs. 3, 4, 66)
C5: Sch. 4 applied (with modifications) (N.I.) (26.4.2023) by The Energy Bills Discount Scheme (Northern Ireland) Regulations 2023 (S.I. 2023/454), regs. 1(1), 78, Sch. 1 (with regs. 3, 4, 71)
C6: Sch. 4 applied (with modifications) (E.W.S.) (26.4.2023) by The Energy Bills Discount Scheme Pass-through Requirement (Heat Suppliers) Regulations 2023 (S.I. 2023/455), regs. 1(2), 10