Article 28 Appeals — further provisions

(1)

Any appeal under this Order is to the First-tier Tribunal^f1.

(2)

In any appeal the burden of proof is on the enforcement authority, and—

(a)

where a question to be decided on the appeal is whether an offence has been committed, the enforcement authority must prove the commission of the offence beyond reasonable doubt;

(b)

in respect of any other issue to be decided on the appeal, the First-tier Tribunal is to determine the standard of proof.

(3)

A notice which is the subject of an appeal, and any requirement in such a notice, is suspended pending determination of that appeal.

(4)

The First-tier Tribunal may—

(a)

withdraw the requirement or notice;

(b)

confirm the requirement or notice;

(c)

vary the requirement or notice;

(d)

take such steps as the enforcement authority 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 enforcement authority.

Annotations

Footnotes

f1: Appeals are assigned to the General Regulatory Chamber of the First-tier Tribunal by virtue of article 3 of the First-tier Tribunal and Upper Tribunal (Chambers) Order 2010 (S.I. 2010/2655)). The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 (S.I. 2009/1976) sets out procedural rules relating to such appeals.