Schedules

Schedule 7Further provision about civil sanctions under Part 4

Appeals

I1I27

1

An order under section 93 or 95 may not provide for the making of an appeal other than to—

a

the First-Tier Tribunal, or

b

another tribunal created under an enactment.

This sub-paragraph does not apply in the case of an order made by the Scottish Ministers.

2

In sub-paragraph (1)(b)—

  • “enactment” includes an enactment contained in, or in an instrument made under, Northern Ireland legislation;

  • “tribunal” does not include an ordinary court of law.

3

An order under section 93 or 95 which makes provision for an appeal in relation to the imposition of any requirement or service of any notice may include—

a

provision suspending the requirement or notice pending determination of the appeal;

b

provision as to the powers of any person to whom the appeal is made;

c

provision as to how any sum payable in pursuance of a decision of that person is to be recoverable.

4

The provision referred to in sub-paragraph (3)(b) includes provision conferring on the person to whom the appeal is made power—

a

to withdraw the requirement or notice;

b

to confirm the requirement or notice;

c

to take such steps as the enforcement authority could take in relation to the act or omission giving rise to the requirement or notice;

d

to remit the decision whether to confirm the requirement or notice, or any matter relating to that decision, to the enforcement authority;

e

to award costs.