Regulation 21 Unopposed appealsI1
United Kingdom
This regulation applies where—
P has sent or delivered to the First-tier Tribunal a notice of appeal against—
the imposition of a requirement or the service of a notice under Schedule 1 to the Act or under these Regulations,
a refusal by the Secretary of State to issue a certificate of compliance in relation to an enforcement undertaking,
the revocation of a certificate of compliance in relation to an enforcement undertaking, or
a refusal by the Secretary of State to issue a completion certificate in relation to a stop notice, and
before submitting a response, the Secretary of State notifies the Tribunal that the appeal will not be opposed.
Where this regulation applies, the Tribunal may direct that the appeal be treated as if it were determined in favour of P and, where the Tribunal does so, it is not required to make an order.
Where the appeal is treated under paragraph (2) as if determined in favour of P, the Secretary of State must, within the period of 28 days beginning with the day on which the notification referred to in paragraph (1)(b) was sent or delivered to the Tribunal, take the appropriate step specified in paragraph (4).
The appropriate step is—
where the appeal relates to a proposal notice, a monetary penalty notice or a stop notice, to withdraw the notice and inform P of its withdrawal;
where the appeal relates to a refusal to issue, or to the revocation of, a certificate of compliance in relation to an enforcement undertaking, to issue a certificate of compliance to P;
where the appeal relates to a refusal to issue a completion certificate in relation to a stop notice, to issue a completion certificate to P.