Part 2Sustainability and Renewable Energy Sources
Chapter 5Renewable transport fuel obligations
I1131Appeals against civil penalties
1
A person to whom a civil penalty notice is given may appeal to the court on one or both of the following grounds—
a
that he is not liable to pay the penalty;
b
that the amount of the penalty is too high.
2
An appeal under this section must be brought within such period after the giving of the civil penalty notice as may be set out in rules of court.
3
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.
4
An appeal under this section is to be by way of a rehearing of the Administrator’s decision to impose the penalty.
5
The matters to which the court may have regard when determining an appeal under this section include all matters that the court considers relevant, including—
a
matters of which the Administrator was unaware when he made his decision; and
b
matters which (apart from this subsection) the court would be prevented from having regard to by virtue of rules of court.
6
An appeal under this section may be brought in relation to a penalty irrespective of whether a notice of objection under section 130 has been given in respect of that penalty or whether there has been an increase or reduction under that section.
7
In this section “the court” means—
a
in England and Wales or Northern Ireland, the High Court; and
b
in Scotland, the Court of Session.