PART 3Access to services etc
CHAPTER 1Residential tenancies
Objections, appeals and enforcement
I1I230Appeals
1
The recipient may appeal to the court on the ground that—
a
the recipient is not liable to the imposition of a penalty,
b
the recipient is excused payment as a result of section 24 or 26, or
c
the amount of the penalty is too high.
2
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 is to be a re-hearing of the Secretary of State's decision to impose a penalty and is to be determined having regard to—
a
the code of practice under section 32 that 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
Subsection (3) has effect despite any provisions of rules of court.
5
An appeal may be brought only if the recipient has given a notice of objection under section 29 and the Secretary of State—
a
has determined the objection by issuing to the recipient the penalty notice (as a result of increasing the penalty under section 29(5)(c)),
b
has determined the objection by—
i
reducing the penalty under section 29(5)(b), or
ii
taking no action under section 29(5)(d), or
c
has not informed the recipient of a decision before the end of the period that applies for the purposes of section 29(6)(a).
6
An appeal must be brought within the period of 28 days beginning with the relevant date.
7
Where the appeal is brought under subsection (5)(a), the relevant date is the date specified in the penalty notice issued in accordance with section 29(6)(b) as the date on which it is given.
8
Where the appeal is brought under subsection (5)(b), the relevant date is the date specified in the notice informing the recipient of the decision for the purposes of section 29(6)(a) as the date on which it is given.
9
Where the appeal is brought under subsection (5)(c), the relevant date is the date on which the period that applies for the purposes of section 29(6)(a) ends.
10
In this section “the court” means—
a
the county court, if the appeal relates to a residential tenancy agreement in relation to premises in England and Wales;
b
the sheriff, if the appeal relates to a residential tenancy agreement in relation to premises in Scotland;
c
a county court in Northern Ireland, if the appeal relates to a residential tenancy agreement in relation to premises in Northern Ireland.