21.—(1) Regulation 26 is amended as follows.
(2) In the heading, at the end insert “etc.”.
(3) In paragraph (2), for “The right” substitute “Except in the case of an appeal mentioned in paragraph (2A), the right”.
(4) After paragraph (2) insert—
“(2A) Schedule 5 sets out the procedure for an appeal against an enforcement notice, a civil penalty notice or an enforcement cost recovery notice, served by the Secretary of State, the Environment Agency, the Scottish Ministers or SEPA.”.
(5) Omit paragraph (4).
(6) After paragraph (6) insert—
“(7) The grounds for an appeal brought under this regulation are that a decision to serve the enforcement notice was—
(a)based on an error of fact;
(b)wrong in law;
(c)wrong for any other reason;
(d)unreasonable.”.