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45.—(1) A person may appeal against the following decisions of an enforcing authority—
(a)a decision, by the service of a notice under regulation 39, to serve a compliance notice on that person;
(b)a decision, by the service of a notice under regulation 40, to impose a non-compliance penalty on that person;
(c)a decision, by the service of a notice under regulation 41, to impose a fixed monetary penalty on that person;
(d)a decision, by the service of a notice under regulation 42, to require that person to pay enforcement costs.
(2) The grounds for appeal are that—
(a)the decision was based on an error of fact;
(b)the decision was wrong in law or for any other reason;
(c)the decision was unreasonable for any reason.
(3) An appeal under this Part is to the First-tier Tribunal.
(4) An appeal under this regulation suspends the effect of the notice appealed against until the appeal is determined or withdrawn.
(5) On appeal the First-tier Tribunal may cancel, confirm or vary the notice appealed against.