AppealsE+W+N.I.
6(1)A person to whom a final penalty notice is given under paragraph 3 may appeal against the decision to give the notice on any of the grounds mentioned in sub-paragraph (2).
(2)The grounds are—
(a)that the decision was based on an error of fact;
(b)that the decision was wrong in law;
(c)that the decision was unreasonable;
(d)that the amount of penalty imposed by the notice is unreasonable.
(3)An appeal under this paragraph is—
(a)in relation to a decision of a local weights and measures authority, to the First-tier Tribunal;
(b)in relation to a decision of the Department for the Economy in Northern Ireland, to a county court.
(4)On an appeal under this paragraph the tribunal or court may—
(a)quash the final penalty notice,
(b)confirm the final penalty notice, or
(c)vary the final penalty notice by reducing the amount of the penalty.
(5)Where an appeal under this paragraph is made—
(a)the requirement to pay the monetary penalty is suspended pending the final determination or withdrawal of the appeal, and
(b)no interest or other penalty is payable by virtue of paragraph 4(3) in respect of the period during which that requirement is suspended.
Commencement Information
I1Sch. para. 6 in force at 18.11.2023, see s. 7(2)