# The Marine Licensing (Civil Sanctions) (Wales) Order 2011, Article 28: Appeals — further provisions


(1) Any appeal under this Order is to the First-tier Tribunal.
(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.

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Source: https://www.legislation.gov.uk/wsi/2011/924/article/28 (the official version)
Page: https://openlegislation.uk/marine-licensing-civil-sanctions-wales-order-2011/article-28
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.