- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
41. (1) A person on whom a compliance notice, stop notice or restoration notice is served may appeal against the decision to serve it.
(2) The grounds for appeal are—
(a)that the decision was wrong in fact;
(b)that the decision was wrong in law;
(c)that the decision was unreasonable;
(d)that any step specified in the notice is unreasonable;
(e)any other reason.
(3) The right of appeal is to the First-tier tribunal(1).
(4) The tribunal must determine the standard of proof.
(5) A notice, and any requirement in a notice, is not suspended pending an appeal unless the tribunal directs otherwise.
(6) The tribunal may—
(a)withdraw the requirement or notice;
(b)confirm the requirement or notice;
(c)vary the requirement or notice;
(d)take such steps as the authority serving the notice 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 authority.
Appeals are assigned to the General Regulatory Chamber of the tribunal by article 3 of S.I. 2010/2655. Procedural rules relating to such appeals are set out in S.I. 2009/1976 (amended by S.I. 2010/2653). Appeals must be brought within 28 days of the date on which notice of the act or decision to which the proceedings relate was sent to the appellant: see rule 22(1)(b).
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: