PART 9Power to obtain information and appeals

Appeal to First Tier Tribunal87

1

Subject to paragraph (5), any person directly affected by a decision of the Secretary of State—

a

to refuse an application for authorisation under Part 3 to act as a green deal assessor certification body or a green deal installer certification body;

b

to impose or not to impose a sanction under Part 8,

may appeal to the First Tier Tribunal.

2

The Tribunal must determine the standard of proof in any case.

3

The Tribunal may suspend a decision pending determination of the appeal.

4

The Tribunal may—

a

in relation to a decision under Part 3 or 8—

i

withdraw, confirm or vary the decision;

ii

remit the decision to the Secretary of State;

b

in relation to a decision whether to impose a sanction under Part 8, impose a different sanction or take different action.

5

A relevant energy supplier may not appeal under this regulation unless it is affected by a decision for a reason which is not connected with its collection of payments under a plan.