Section 235 AppealI1

F1(1)

A registered provider who is given a penalty notice may appeal to the High Court against—

(a)

the imposition of the penalty,

(b)

its amount, or

(c)

both.

F2(2)

An appeal under this section must be brought within the period of 28 days beginning with the day on which the registered provider is given the penalty notice.

(3)

The requirement to pay the penalty is suspended during the appeal period.

(4)

Regulations under section 234(2) may not authorise the regulator to—

(a)

charge interest in respect of the appeal period, or

(b)

impose additional penalties during that period.

(5)

The “appeal period” means—

(a)

where an appeal is brought, the period beginning with the day on which the penalty notice is given and ending with the day on which the appeal is finally determined or withdrawn, and

(b)

otherwise, the period during which an appeal could be brought.

Annotations

Textual amendments

F1: S. 235 renumbered as s. 235(1) (20.9.2023) by Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 4 para. 7(a); S.I. 2023/1001, reg. 2(x)
F2: S. 235(2)-(5) inserted (20.9.2023) by Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 4 para. 7(b); S.I. 2023/1001, reg. 2(x)

Commencement

I1: S. 235 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

Notes on Part 2

Modifications

C1: Pt. 2 modified (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 16 para. 69(2); S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)