SCHEDULES

SCHEDULE 2Trading schemes

Part 3Administration and enforcement

Appeals

31

1

The regulations may confer rights of appeal against—

a

decisions made in relation to a trading scheme, and

b

civil penalties imposed or enforcement action taken for failure to comply with the requirements of a trading scheme.

2

The regulations must specify the court, tribunal or person who is to hear and determine appeals in relation to a trading scheme.

3

The regulations may, in particular, provide for appeals in relation to a trading scheme to be heard by—

a

a national authority, if not the administrator of the trading scheme, or

b

a person appointed by a national authority for that purpose.

4

They may provide for an appeal to be determined by a person other than the person by whom the appeal was heard.