Part VU.K. Public Transport

Rail vehiclesU.K.

Prospective

[F147LPenalties under sections 47D to 47H: appealsE+W+S

[F2(1)A person may appeal to the court against a penalty imposed on him under any of sections 47D to 47H on the ground that—

(a)he is not liable to the imposition of a penalty; or

(b)the amount of the penalty is too high.

(2)On an appeal under this section, the court may—

(a)allow the appeal and cancel the penalty;

(b)allow the appeal and reduce the penalty; or

(c)dismiss the appeal.

(3)An appeal under this section shall be a re-hearing of the Secretary of State’s decision to impose a penalty, and shall be determined having regard to—

(a)any code of practice under section 47J which has effect at the time of the appeal; and

(b)any other matters which the court thinks relevant (which may include matters of which the Secretary of State was unaware).

(4)An appeal may be brought by a person under this section against a penalty whether or not—

(a)he has given notice of objection under section 47K(4); or

(b)the penalty has been reduced under section 47K(6).

(5)A reference in this section to “the court” is a reference—

(a)in England and Wales, to a county court; and

(b)in Scotland, to the sheriff.

(6)The sheriff may transfer proceedings under this section to the Court of Session.

(7)Where the sheriff has made a determination under subsection (2), any party to the proceedings may appeal on a point of law, either to the Sheriff Principal or to the Court of Session, against that determination.]]

Extent Information

E1This section extended to England, Wales and Scotland only; a separate s. 47L exists for Northern Ireland only.

Textual Amendments

F1Ss. 47D-47M inserted (E.W.S.) (prosp.) by Disability Discrimination Act 2005 (c. 13), ss. {8(1)}, 20(3)-(6)

F2Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F347LPenalties under sections 47D to 47H: appealsN.I.

(1)A person may appeal to the county court against a penalty imposed on him under any of sections 47D to 47H on the ground that—

(a)he is not liable to the imposition of a penalty; or

(b)the amount of the penalty is too high.

(2)On an appeal under this section, the county court may—

(a)allow the appeal and cancel the penalty;

(b)allow the appeal and reduce the penalty; or

(c)dismiss the appeal.

(3)An appeal under this section shall be a re-hearing of the decision of the Department for Regional Development to impose a penalty, and shall be determined having regard to—

(a)any code of practice under section 47J which has effect at the time of the appeal; and

(b)any other matters which the county court thinks relevant (which may include matters of which the Department for Regional Development was unaware).

(4)An appeal may be brought by a person under this section against a penalty whether or not—

(a)he has given notice of objection under section 47K(4); or

(b)the penalty has been reduced under section 47K(6).]

Textual Amendments