PART 1Product security
CHAPTER 3Enforcement
Monetary penalties
I1I241Appeals against penalty notices
1
A person who is given a penalty notice may appeal to the First-tier Tribunal (“the Tribunal”) against—
a
the imposition of a penalty imposed by the penalty notice;
b
the amount of such a penalty;
c
the period within which such a penalty, or any part of it, is required to be paid.
2
An appeal under this section is to be brought before the end of the period of 28 days beginning with—
a
the day on which the penalty notice was given, or
b
if the appeal is in respect of the variation of a notice under section 39(4), the day on which the notice was varied.
3
On an appeal under this section, the Tribunal—
a
if it is satisfied that any of the grounds in subsection (4) applies, may—
i
vary the amount of a penalty imposed by the penalty notice or the period within which such a penalty, or any part of it, is required to be paid, or
ii
cancel any penalty imposed by the penalty notice;
b
if it is not so satisfied, must confirm the penalty notice.
4
The grounds referred to in subsection (3)(a) are—
a
that the decision appealed against was based, wholly or partly, on an error of fact;
b
that the decision appealed against was wrong in law;
c
that the decision appealed against was unfair or unreasonable for any other reason.
5
If the Tribunal cancels a penalty imposed by a penalty notice, it may refer the matter back to the person that gave the notice with a direction to reconsider and make a new decision in accordance with its ruling.
6
But the Tribunal may not direct the person that gave the notice to take any action which the person would not otherwise have the power to take.
7
In determining an appeal under this section, the Tribunal may—
a
review any determination of fact on which the decision appealed against was based;
b
take into account evidence which was not available to the person that gave the notice.
8
Where an appeal in respect of a penalty notice, or the variation of a penalty notice, is made under this section, the notice or variation (as the case may be) is of no effect until the appeal is determined or withdrawn.
9
Where an appeal is or may be made to the Upper Tribunal in relation to a decision of the Tribunal under this section, the Upper Tribunal may suspend the notice to which the appeal relates until the appeal is determined or withdrawn.