Part 7Appeals

Appeal against decisions of the administrator108

1

A participant in the Trading Schemes or an SPV manufacturer may appeal to the First-tier tribunal against a decision of the administrator to which this Part applies, on the ground that—

a

the decision was based on an error of fact;

b

the decision was wrong in law;

c

in the case of a financial penalty, that the amount of the penalty is unreasonable;

d

in the case of a non-financial penalty, that the nature of the penalty is unreasonable; or

e

that the decision was wrong or unreasonable for any other reason.

2

The First-tier tribunal may confirm the administrator’s decision, cancel it or substitute its own decision.

3

Until any appeal made under this article against a decision mentioned in article 107(a) to (h) has been finally determined or withdrawn, no civil penalty may be imposed under Part 6 in relation to the decision.

4

Until any appeal made under this article against a decision to impose a civil penalty under Part 6 has been finally determined or withdrawn, the civil penalty is suspended.

5

If the outcome of an appeal made under this Part is that the administrator incorrectly treated a participant in the Trading Schemes or an SPV manufacturer as being, or as not being, entitled to an allowance or a credit, the administrator must take appropriate steps to correct the position in the registry.