243Appeals against enforcement actionE+W+S
(1)Energy smart regulations that provide for the imposition of a requirement or civil penalty by an enforcement authority must include provision for a right of appeal to a court or tribunal against that requirement or penalty.
(2)Provision falling within subsection (1) includes, in particular, provision—
(a)as to the jurisdiction of the court or tribunal to which an appeal may be made;
(b)as to the grounds on which an appeal may be made;
(c)as to the procedure for making an appeal (including any fee which may be payable);
(d)suspending the imposition of the requirement or penalty, pending determination of the appeal;
(e)as to the powers of the court or tribunal to which an appeal is made;
(f)as to how any sum payable in pursuance of a decision of the court or tribunal is to be recoverable.
(3)In relation to the imposition of a requirement, the regulations may provide for persons other than the person against whom the requirement was imposed to also have a right of appeal.
(4)The provision referred to in subsection (2)(e) includes provision conferring on the court or tribunal to which an appeal is made power—
(a)to confirm or withdraw the requirement or penalty;
(b)to vary or remove a part of the requirement;
(c)to vary the amount of the penalty;
(d)to award costs or, in Scotland, expenses.
(5)If the Secretary of State considers it appropriate for the purpose of, or in consequence of, any provision falling within subsection (2)(a), (c), (e) or (f), the regulations may revoke or amend any subordinate legislation.
(6)In this section “subordinate legislation” has the meaning given in section 21(1) of the Interpretation Act 1978 and includes an instrument made under—
(a)an Act of the Scottish Parliament;
(b)a Measure or Act of the Senedd Cymru.
Commencement Information
I1S. 243 not in force at Royal Assent, see s. 334(1)
I2S. 243 in force at 11.1.2024 by S.I. 2024/32, reg. 2(b)(ii)