SCHEDULE 3Penalty charge notices under section 111
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1
If after a review the penalty charge notice is confirmed by the enforcement authority, the recipient may appeal by summary application to the sheriff against the penalty charge notice.
2
An appeal against a penalty charge notice must be made within the period 28 days beginning with service of the notice under paragraph 4(1)(c).
3
But the sheriff may on cause shown hear an appeal made after the deadline set by sub-paragraph (2).
4
An appeal against a penalty charge notice must be on one (or both) of the following grounds—
a
that the recipient did not commit the breach of duty specified in the penalty charge notice, or
b
that the notice was not given within the time allowed by section 111(2) or does not comply with any other requirement imposed by or under this schedule.
5
The sheriff must determine an appeal against a penalty charge notice by upholding or quashing the notice.
6
The recipient or the enforcement authority may, on point of law only, appeal to the sheriff principal against the sheriff's determination.
7
In this paragraph “sheriff” means the sheriff of the sheriffdom in which the house is situated.