SCHEDULE 4Civil sanctions

PART 6Appeals

Appeals27

1

Any appeal under this Schedule must be made to the First-tier Tribunal.

2

An appeal must be brought within 28 days of the date on which the notice or decision is received.

3

In any appeal (except in relation to a stop notice) where the commission of an offence is an issue requiring determination, the market surveillance authority must prove that offence according to the same burden and standard of proof as in a criminal prosecution.

4

In any other case the Tribunal must determine the standard of proof.

5

All notices (other than stop notices) are suspended pending appeal.

6

The Tribunal may, in relation to the imposition of a requirement or service of a notice—

a

withdraw the requirement or notice;

b

confirm the requirement or notice;

c

vary the requirement or notice;

d

take such steps as the market surveillance authority could take in relation to the act or omission giving rise to the requirement or notice;

e

remit the decision whether to confirm the requirement or notice, or any matter relating to that decision, to the market surveillance authority.