- Draft legislation
This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 No. 962
43. If, after a review, a penalty notice is confirmed by the enforcement authority, L may appeal to the First-tier Tribunal on the grounds that—
(a)the issue of the penalty notice was based on an error of fact,
(b)the issue of the penalty notice was based on an error of law,
(c)the penalty notice does not comply with a requirement imposed by these Regulations, or
(d)in the circumstances of the case it was inappropriate for the penalty notice to be served on L.
44.—(1) The bringing of an appeal suspends the penalty notice being appealed taking effect, pending determination or withdrawal of the appeal.
(2) The First-tier Tribunal may—
(a)quash the penalty notice, or
(b)affirm the penalty notice, whether in its original form or with such modification as it sees fit.
(3) If the penalty notice is quashed, the enforcement authority must repay any amount paid as a financial penalty in pursuance of the notice.
45.—(1) The amount of an unpaid financial penalty is recoverable from L as a debt owed to the enforcement authority unless the notice has been withdrawn or quashed.
(2) Proceedings for the recovery of the financial penalty may not be commenced—
(a)before the expiry of the period specified for requesting a review under regulation 38(2)(h)(ii),
(b)where a review has been requested under regulation 42(1), before the enforcement authority has served notice of its decision under regulation 42(2)(c), and
(c)where the enforcement authority has served a notice of its decision under regulation 42(2)(c) confirming the penalty notice, before the expiry of the period within which L may appeal to the First-tier Tribunal.
(3) In proceedings for the recovery of a financial penalty, a certificate which—
(a)purports to be signed by or on behalf of the person having responsibility for the financial affairs of the enforcement authority, and
(b)states that payment of the financial penalty was or was not received by a date specified in the certificate,
is evidence of the facts stated.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Draft Explanatory Memorandum sets out a brief statement of the purpose of a Draft Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Draft Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: