- Draft legislation
This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Marine Licensing (Notices Appeals) Regulations 2011 No. 936
5.—(1) In any appeal the burden of proof is on the licensing authority or enforcement authority (as appropriate), and—
(a)where a question to be decided on the appeal is whether an offence has been committed, the authority must prove the commission of the offence beyond reasonable doubt;
(b)in respect of any other issue to be decided on the appeal, the First-tier Tribunal is to determine the standard of proof.
(2) The First-tier Tribunal may—
(a)withdraw the notice or any requirement contained in it;
(b)confirm the notice or any requirement contained in it;
(c)vary the notice or any requirement contained in it;
(d)take such steps as the licensing authority or enforcement authority (as appropriate) could take in relation to the act or omission giving rise to the notice; or
(e)remit the decision whether to confirm the notice, or any matter relating to that decision, to the licensing authority or enforcement authority (as appropriate).
(3) Where a notice revoking a marine licence is withdrawn under paragraph (2), the licence is to be treated as never having been revoked by that notice.
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