F1SCHEDULE 26AVariable monetary penalties (England)

Annotations:
Amendments (Textual)

PART 3Appeals

Variable monetary penalties: appeals 11

1

A person may appeal to the First-tier Tribunal against a decision by the Agency to impose a variable monetary penalty by service of a final notice.

2

An appeal under this paragraph may be made on the grounds that—

a

the decision was based on an error of fact;

b

the decision was wrong in law;

c

the amount of the penalty was unreasonable;

d

the decision was unreasonable for any other reason.

3

Where a person appeals under this paragraph, the effect of the final notice to which the appeal relates is suspended until the appeal is finally determined.

Non-compliance penalty and enforcement cost recovery notice: appeals 12

1

A person may appeal to the First-tier Tribunal against a decision by the Agency to impose a non-compliance penalty or to serve an enforcement cost recovery notice.

2

An appeal under sub-paragraph (1) may be made on the grounds that—

a

the decision to impose the penalty or serve the notice was based on an error of fact;

b

the decision was wrong in law;

c

the amount of the penalty or costs is unreasonable;

d

the decision was unreasonable for any other reason.

3

Where a person appeals under sub-paragraph (1), the effect of the decision or notice to which the appeal relates is suspended until the appeal is finally determined.

Powers of the First-tier Tribunal on appeal 13

On an appeal against a decision by the Agency to impose a variable monetary penalty or non-compliance penalty or to serve an enforcement cost recovery notice, the First-tier Tribunal may—

a

withdraw the penalty or notice;

b

confirm the Agency’s decision to impose the penalty or serve the notice;

c

vary the amount of the penalty or the amount specified in the enforcement cost recovery notice;

d

take any of the steps that the Agency could take in relation to the act or omission which gave rise to the penalty or notice; or

e

remit the decision to impose the penalty or serve the notice, or any matter relating the decision, to the Agency for reconsideration.