Regulation 8 Appeals

(1)

A person (“the appellant”) may appeal to the court against a decision to require the person to pay a civil penalty under Part 2 of these Regulations.

(2)

An appeal may be brought only if the appellant has served a notice of objection and the enforcement authority has—

(a)

reduced the civil penalty under regulation 7(3)(b);

(b)

increased the civil penalty under regulation 7(3)(c); or

(c)

determined not to alter the civil penalty under regulation 7(3)(d).

(3)

An appeal must be brought within the period of 28 days beginning with the date on which the enforcement authority’s decision on the notice of objection under regulation 7(4) is served on the person.

(4)

On appeal, the court may—

(a)

allow the appeal and cancel the civil penalty;

(b)

allow the appeal and reduce the civil penalty; or

(c)

dismiss the appeal.

(5)

An appeal—

(a)

is to be a re-hearing of the enforcement authority’s decision to impose a civil penalty; and

(b)

may be determined having regard to matters of which the enforcement authority was unaware.

(6)

Paragraph (5)(a) has effect despite any provision of rules of court.

(7)

In this regulation, a reference to “the court” is a reference—

(a)

in England and Wales, to the county court;

(b)

in Scotland, to the sheriff; and

(c)

in Northern Ireland, to the county court.

(8)

But—

(a)

the county court in England and Wales, or a county court in Northern Ireland, may transfer proceedings under this regulation to the High Court; and

(b)

the sheriff may transfer proceedings under this regulation to the Court of Session.