SCHEDULES

SCHEDULE 1Financial penalty for breach of banning order

Appeals

I110

1

A person to whom a final notice is given may appeal to the First-tier Tribunal against—

a

the decision to impose the penalty, or

b

the amount of the penalty.

2

An appeal under this paragraph must be brought within the period of 28 days beginning with the day after that on which the final notice was sent.

3

If a person appeals under this paragraph, the final notice is suspended until the appeal is finally determined or withdrawn.

4

An appeal under this paragraph—

a

is to be a re-hearing of the local housing authority's decision, but

b

may be determined having regard to matters of which the authority was unaware.

5

On an appeal under this paragraph the First-tier Tribunal may confirm, vary or cancel the final notice.

6

The final notice may not be varied under sub-paragraph (5) so as to make it impose a financial penalty of more than the local housing authority could have imposed.