(1)ESOS regulations that provide for the imposition of a financial penalty must also provide for a right of appeal to a court or tribunal against the imposition of the penalty.
(2)ESOS regulations may confer rights of appeal against—
(a)decisions made in relation to an energy savings opportunity scheme, and
(b)penalties imposed (other than financial penalties) or enforcement action taken for failure to comply with the requirements of the regulations.
(3)Regulations that make provision by virtue of subsection (2) must specify the court, tribunal or person who is to hear and determine an appeal made by virtue of that subsection.
(4)The provision that may be made by virtue of subsection (1) or (2) includes, in particular, provision about—
(a)the grounds on which an appeal may be made;
(b)the procedure for making an appeal (including any fee which may be payable);
(c)suspending the effect of any decision, penalty or enforcement action pending determination of the appeal;
(d)the powers of the court, tribunal or person to which an appeal is made.
Commencement Information
I1S. 262 in force at Royal Assent, see s. 334(2)(m)