Paragraph 5 Directions and penalties: appealsF1

(1)

An external registration body may appeal to the High Court against a direction given to it under paragraph 2 or a penalty imposed on it under paragraph 3.

(2)

The grounds on which an appeal may be brought are—

(a)

that the failure of compliance on the grounds of which the direction was given or the penalty was imposed did not occur, or

(b)

that any of the following is unreasonable—

(i)

the decision to give the direction or impose the penalty;

(ii)

any of the terms of the direction;

(iii)

the amount of the penalty, or the time or manner of its payment.

(3)

If satisfied that any of those grounds is made out, the court must allow the appeal and do whichever of the following it considers appropriate—

(a)

cancel the direction or penalty, or

(b)

vary the direction or the notice imposing the penalty.

(4)

Otherwise, the court must dismiss the appeal.

(5)

The court may—

(a)

make an interim order suspending the effect of a direction or penalty appealed against under this paragraph;

(b)

if it allows an appeal under this paragraph against a penalty, make any order as to interest that it considers appropriate (including an order varying the effect of paragraph 4(6)(a)).

Annotations

Textual amendments

F1: Schs. 1B-1D inserted (29.4.2026 for specified purposes) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(6), Sch. 35