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Disability Discrimination Act 1995
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Changes over time for: Section 47L
No longer has effect: 01/10/2010
Alternative versions:
- Prospective- Amendment
- Stop date 01/10/2010- Amendment
- 02/12/1999
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Status:
Point in time view as at 02/12/1999. This version of this provision never came into effect.
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There are currently no known outstanding effects for the Disability Discrimination Act 1995, Section 47L.
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Prospective
47LPenalties under sections 47D to 47H: appealsE+W+S
(1)A person may appeal to the court against a penalty imposed on him under any of sections 47D to 47H on the ground that—
(a)he is not liable to the imposition of a penalty; or
(b)the amount of the penalty is too high.
(2)On an appeal under this section, the court may—
(a)allow the appeal and cancel the penalty;
(b)allow the appeal and reduce the penalty; or
(c)dismiss the appeal.
(3)An appeal under this section shall be a re-hearing of the Secretary of State’s decision to impose a penalty, and shall be determined having regard to—
(a)any code of practice under section 47J which has effect at the time of the appeal; and
(b)any other matters which the court thinks relevant (which may include matters of which the Secretary of State was unaware).
(4)An appeal may be brought by a person under this section against a penalty whether or not—
(a)he has given notice of objection under section 47K(4); or
(b)the penalty has been reduced under section 47K(6).
(5)A reference in this section to “the court” is a reference—
(a)in England and Wales, to a county court; and
(b)in Scotland, to the sheriff.
(6)The sheriff may transfer proceedings under this section to the Court of Session.
(7)Where the sheriff has made a determination under subsection (2), any party to the proceedings may appeal on a point of law, either to the Sheriff Principal or to the Court of Session, against that determination.
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