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Disability Discrimination Act 1995

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There are currently no known outstanding effects for the Disability Discrimination Act 1995, Section 47L. Help about Changes to Legislation

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[F147LPenalties under sections 47D to 47H: appealsE+W+S

[F2(1)A person may appeal to the court against a penalty imposed on him under any of sections 47D to 47H on the ground that—

(a)he is not liable to the imposition of a penalty; or

(b)the amount of the penalty is too high.

(2)On an appeal under this section, the court may—

(a)allow the appeal and cancel the penalty;

(b)allow the appeal and reduce the penalty; or

(c)dismiss the appeal.

(3)An appeal under this section shall be a re-hearing of the Secretary of State’s decision to impose a penalty, and shall be determined having regard to—

(a)any code of practice under section 47J which has effect at the time of the appeal; and

(b)any other matters which the court thinks relevant (which may include matters of which the Secretary of State was unaware).

(4)An appeal may be brought by a person under this section against a penalty whether or not—

(a)he has given notice of objection under section 47K(4); or

(b)the penalty has been reduced under section 47K(6).

(5)A reference in this section to “the court” is a reference—

(a)in England and Wales, to a county court; and

(b)in Scotland, to the sheriff.

(6)The sheriff may transfer proceedings under this section to the Court of Session.

(7)Where the sheriff has made a determination under subsection (2), any party to the proceedings may appeal on a point of law, either to the Sheriff Principal or to the Court of Session, against that determination.]]

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Extent Information

E1This section extended to England, Wales and Scotland only; a separate s. 47L exists for Northern Ireland only.

Amendments (Textual)

F1Ss. 47D-47M inserted (E.W.S.) (prosp.) by Disability Discrimination Act 2005 (c. 13), ss. {8(1)}, 20(3)-(6)

F2Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F347LPenalties under sections 47D to 47H: appealsN.I.

(1)A person may appeal to the county court against a penalty imposed on him under any of sections 47D to 47H on the ground that—

(a)he is not liable to the imposition of a penalty; or

(b)the amount of the penalty is too high.

(2)On an appeal under this section, the county court may—

(a)allow the appeal and cancel the penalty;

(b)allow the appeal and reduce the penalty; or

(c)dismiss the appeal.

(3)An appeal under this section shall be a re-hearing of the decision of the Department for Regional Development to impose a penalty, and shall be determined having regard to—

(a)any code of practice under section 47J which has effect at the time of the appeal; and

(b)any other matters which the county court thinks relevant (which may include matters of which the Department for Regional Development was unaware).

(4)An appeal may be brought by a person under this section against a penalty whether or not—

(a)he has given notice of objection under section 47K(4); or

(b)the penalty has been reduced under section 47K(6).]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Yn ôl i’r brig

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