PART 4STANDARDS

CHAPTER 7RIGHT OF CHALLENGE

I158Right of appeal

1

This section applies if the Commissioner notifies P under section 57 of a determination that the requirement for P to comply with a standard, or to comply with it in a particular respect, is not unreasonable or disproportionate.

2

P may appeal to the Tribunal for the Tribunal to determine whether or not that requirement is unreasonable or disproportionate.

3

An appeal under this section must be made within the period of 28 days beginning with the day when the Commissioner notified P under section 57.

4

But the Tribunal may, on a written application by P, allow an appeal to be made after the end of that period if the Tribunal is satisfied that there is a good reason—

a

for the failure to appeal before the end of that period, and

b

if there has been any delay in applying for permission to appeal out of time, for that delay.

5

The Tribunal must notify P and the Commissioner of its determination of an appeal made under this section.

6

If the Tribunal determines that the requirement is unreasonable or disproportionate, subsections (6) and (7) of section 57 apply as if the Commissioner had made that determination.

7

This section is subject to Tribunal Rules (which may, amongst other things, make provision about the manner in which appeals under this section may be brought).