PART 3Compliance

References to the First-tier Tribunal or Upper TribunalI113

1

A person to whom a penalty notice is issued under regulation 9 or 11 may, if one of the conditions in paragraph (2) is satisfied, make a reference to the Tribunal in respect of—

a

the issue of the notice;

b

the amount of the penalty under the notice.

2

The conditions are—

a

that the Authority have completed a review of the notice under regulation 12; or

b

that the person to whom the notice was issued made an application for review of the notice under regulation 12(1)(a) and the Authority have determined not to carry out a review.

3

On a reference to the Tribunal in respect of a notice, the effect of the notice is suspended for the period beginning on the day the Tribunal receives notice of the reference and ending—

a

on the day the reference is withdrawn;

b

if the reference is made out of time, on the day the Tribunal determines not to allow the reference to proceed; or

c

on the day the reference is completed.

4

For the purposes of paragraph (3)(c), a reference is completed when—

a

the reference has been determined; and

b

the Tribunal has remitted the matter to the Authority.

5

In this regulation—

a

“the Tribunal” means—

i

the Upper Tribunal, in any case where it is determined by or under Tribunal Procedure Rules that the Upper Tribunal is to hear the reference;

ii

the First-tier Tribunal in any other case; and

b

“Tribunal Procedure Rules” means—

i

the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 200913 in relation to the First-tier Tribunal; and

ii

the Tribunal Procedure (Upper Tribunal) Rules 200814 in relation to the Upper Tribunal.