Appeals
6(1)A person who is given a final notice may appeal to the appropriate tribunal against—
(a)the decision to impose the penalty, or
(b)the amount of the penalty.
(2)An appeal must be brought before the end of the period of 28 days beginning with the day after that on which the final notice is given.
(3)If an appeal is brought under this paragraph, the final notice is suspended so far as it relates to the matter which is the subject of the appeal until the appeal is finally determined or withdrawn.
(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 evidence which was not available to the authority when giving the notice.
(5)On an appeal under this paragraph the appropriate tribunal may quash, confirm or vary the notice.
(6)If the appropriate tribunal varies the amount of the penalty imposed by the notice, the new amount must be an amount that the enforcement authority had power to impose.