PART 4Administration

Appeals10

1

An appeal under this Order is to the First-tier Tribunal.

2

In any appeal (except in relation to a stop notice) 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 (other than stop notices) are suspended pending appeal.

5

The Tribunal may suspend or vary a stop notice.

6

The Tribunal may, in relation to the imposition of a requirement or service of a notice—

a

withdraw the requirement or notice;

b

confirm the requirement or notice;

c

vary the requirement or notice;

d

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

e

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