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.