PART 4

STANDARDS
CHAPTER 7

RIGHT OF CHALLENGE

Right of appeal
58
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).
S. 58 in force at 7.7.2015 by S.I. 2015/1413, art. 3(b)