Paragraph 30 AppealsI1

England and Wales

(1)

An appeal under these Regulations is to the First-tier Tribunal (“the Tribunal”).

(2)

In any appeal where the commission of an offence is an issue requiring determination, the regulator must prove that offence according to the same burden and standard of proof as in a criminal prosecution.

(3)

In any other case the Tribunal must determine the standard of proof.

(4)

All notices are suspended pending the determination or withdrawal of the appeal.

(5)

The Tribunal may, in relation to the imposition of a penalty or service of a notice under these Regulations—

(a)

withdraw the penalty or notice,

(b)

confirm the penalty or notice,

(c)

vary the penalty or notice,

(d)

take such steps as the regulator could take in relation to the act or omission giving rise to the penalty or notice, or

(e)

remit the decision whether to confirm the penalty or notice, or any matter relating to that decision, to the regulator.

Annotations

Commencement

I1: Sch. 2 para. 30 in force at 6.4.2024, see reg. 1(2)