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on the day the reference is withdrawn;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