48.—(1) A responsible undertaking served with a determination under regulation 35(5) or paragraph 13(2) of Schedule 2, or with an enforcement notice, or a penalty notice, may appeal to the relevant appeal body on the grounds that the determination, enforcement notice or penalty notice (as the case may be) was—
(a)based on an error of fact,
(b)wrong in law, or
(c)unreasonable.
(2) The relevant appeal body—
(a)in the case of an appeal against a determination made, or an enforcement notice or a penalty notice issued, by the scheme administrator, the Natural Resources Body for Wales, or [F1the Secretary of State for Energy Security and Net Zero], is the First-tier Tribunal,
(b)in the case of an appeal against determination made, or an enforcement notice or a penalty notice issued by the Scottish Environment Protection Agency, is the Scottish Ministers,
(c)in the case of an appeal against a determination made, or an enforcement notice or a penalty notice issued by the Chief Inspector, is the Planning Appeals Commission.
(3) “First-tier Tribunal” has the meaning given in section 3 of the Tribunals, Courts and Enforcement Act 2007 M1.
(4) “Planning Appeals Commission” has the meaning given in of Article 110(1) of the Planning (Northern Ireland) Order 1991 M2.
(5) Schedule 4 has effect in relation to the making of appeals to the Scottish Ministers and the Planning Appeals Commission.
Textual Amendments
F1Words in reg. 48(2)(a) substituted (3.5.2023) by The Secretaries of State for Energy Security and Net Zero, for Science, Innovation and Technology, for Business and Trade, and for Culture, Media and Sport and the Transfer of Functions (National Security and Investment Act 2021 etc) Order 2023 (S.I. 2023/424), art. 1(2), Sch. para. 57(b) (with art. 17)
Marginal Citations
M12007 c. 15. Such appeals are assigned to the General Regulatory Chamber of the First-tier Tribunal by virtue of article 3(a) of the First-tier Tribunal and Upper Tribunal (Chamber) Order 2010 (S.I. 2010/2655).
M2S.I. 1991/1220 (N.I. 11), to which there are amendments not relevant to these Regulations.
49. The bringing of an appeal suspends the determination, enforcement notice or penalty notice (as the case may be) being appealed taking effect pending determination of the appeal.
50. An appeal body may—
(a)cancel the determination, enforcement notice or penalty notice (as the case may be),
(b)affirm the determination, enforcement notice or penalty notice (as the case may be), whether in its original form or with such modification as it sees fit,
(c)instruct the scheme administrator or the relevant compliance body to do, or not to do, any thing which is within the power of the scheme administrator or compliance body.
51. Any determination or notice required to be served on a responsible undertaking, may be served by—
(a)delivering or sending it to, or leaving it at—
(i)the responsible undertaking's registered office (where applicable),
(ii)the responsible undertaking's principal place of activity, or
(iii)another address in the United Kingdom specified by the responsible undertaking as its address for service, or
(b)sending it by electronic means to the email address provided by the responsible undertaking pursuant to paragraph 1(b) of Schedule 3.