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The Alternative Fuel Labelling and Greenhouse Gas Emissions (Miscellaneous Amendments) Regulations 2019

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Appeals against civil penalties

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17.—(1) A person who has received a notice referred to in regulation 16(2) may, within 28 days of the date of that notice, appeal to the First-tier Tribunal against the enforcement authority’s decision made under regulation 16, on the grounds that the decision was—

(a)based on an error of fact, or

(b)wrong in law.

(2) An appeal may be brought only if the appellant has served a notice of objection and the enforcement authority has—

(a)reduced the civil penalty under regulation 16(2)(b), or

(b)upheld it under regulation 16(2)(c).

(3) Where a person appeals under this regulation, the amount of the civil penalty referred to in regulation 16(4)(a) is not payable until the appeal is finally determined or withdrawn.

(4) The First-tier Tribunal may—

(a)dismiss the appeal and uphold the civil penalty,

(b)cancel or reduce the civil penalty, or

(c)remit the matter to the enforcement authority—

(i)generally, or

(ii)for determination in accordance with a finding made or direction given by the Tribunal.

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