Prospective
AppealsE+W
5(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 the day on which the final notice is given to the person.
(3)If a person appeals under this paragraph, the final notice is suspended until the appeal is finally determined, withdrawn or abandoned.
(4)An appeal under this paragraph—
(a)is to be a re-hearing of the enforcement authority’s decision, but
(b)may be determined having regard to matters of which the enforcement authority was unaware.
(5)On an appeal under this paragraph the First-tier Tribunal may quash, confirm or vary the final notice.
(6)The final notice may not be varied under sub-paragraph (5) so as to impose a financial penalty of more than the enforcement authority could have imposed.
Commencement Information
I1Sch. 12 para. 5 not in force at Royal Assent, see s. 124(3)