Modifications etc. (not altering text)
C1Sch. 5 applied (with modifications) (8.12.2016) by The Electromagnetic Compatibility Regulations 2016 (S.I. 2016/1091), reg. 1, Sch. 7 para. 3 (with regs. 74, 75(5))
C2Sch. 5 applied (with modifications) (26.12.2017) by The Radio Equipment Regulations 2017 (S.I. 2017/1206), reg. 1, Sch. 10 para. 3 (with regs. 3-5, 77)
C3Sch. 5: power to amend conferred (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 180(3)(a), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
Modifications etc. (not altering text)
C4Sch. 5 Pt. 3: powers extended in part (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 319, 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(4)
Textual Amendments
F1Sch. 5 paras. 16A-16J inserted (24.5.2024 for specified purposes) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 17 para. 2(3) (with Sch. 19)
16D(1)A person to whom a final enforcement notice is given may appeal to the appropriate court against—U.K.
(a)a decision to impose a monetary penalty by virtue of the notice,
(b)the nature or amount of any such penalty, or
(c)the giving of directions by virtue of the notice.
(2)The grounds for an appeal under sub-paragraph (1)(a) or (b)are that—
(a)the decision to impose a monetary penalty was based on an error of fact,
(b)the decision was wrong in law,
(c)the amount of the penalty is unreasonable, or
(d)the decision was unreasonable or wrong for any other reason.
(3)The grounds for an appeal under sub-paragraph (1)(c) are that—
(a)the decision to give the directions was based on an error of fact,
(b)the decision was wrong in law,
(c)the nature of the directions is unreasonable, or
(d)the decision was unreasonable or wrong for any other reason.
(4)On an appeal under this paragraph the appropriate court may quash, confirm or vary the final enforcement notice.
(5)An appeal under this paragraph must be brought before the end of the period of 28 days beginning with the day on which the final enforcement notice was given to the person seeking to bring the appeal.
(6)The appropriate court may extend the period mentioned in sub-paragraph (5) for bringing an appeal.
(7)Where an appeal is brought under this paragraph, the penalty is not payable until the appeal is determined or withdrawn, unless the appropriate court orders otherwise.
(8)In this paragraph “the appropriate court” means—
(a)in relation to England and Wales or Northern Ireland, the High Court, and
(b)in relation to Scotland, the Outer House of the Court of Session.]