The CRC Energy Efficiency Scheme Order 2013

SECTION 3 Procedure for appeals against determinations, notices or penalties made or given by the Welsh Ministers or the Scottish Ministers

14.  This section applies where the appellant is or includes—

(a) the Natural Resources Body for Wales;

(b) the Scottish Environment Protection Agency.

15.  Where the appellant wishes to appeal to an independent person appointed by the Welsh Ministers or the Scottish Ministers under article 89(3) (“the appeal body”) the appellant must give written notice of the appeal together with a statement of the grounds of appeal.

16.—(1) Where the appellant is or includes the Natural Resources Body for Wales, the notice of appeal in accordance with paragraph 15 is to be given before the dates described in sub-paragraph (2).

(2) The dates referred to in sub-paragraph (1) are 28 calendar days after the date of—

(a) the determination referred to in article 57(1);

(b) service of an enforcement notice;

(c) imposition of the civil penalty.

17.—(1) Where the appellant is or includes the Scottish Environment Protection Agency, the notice of appeal in accordance with paragraph 15 is to be given before the dates described in sub-paragraph (2).

(2) The dates referred to in sub-paragraph (1) are 40 calendar days after the date of—

(a) the determination referred to in article 57(1);

(b) service of an enforcement notice;

(c) imposition of the civil penalty.

18.  The appeal body may decide an appeal received late.

19.  An appellant may withdraw an appeal by notifying the appeal body, and as soon as is reasonably practicable the appeal body must notify the administrator.

20.  The appeal body may publicise the appeal where it considers it appropriate to do so.

21.  The Welsh Ministers or the Scottish Ministers as appropriate must appoint an independent person to hear an appeal on behalf of that body.

22.  The appeal body may—

(a) adopt such procedures as it sees fit to determine an appeal, taking into account any requests of the parties to the appeal;

(b) request an independent person to make a determination in relation to any subject matter of the appeal.

23.  On request by the administrator, the appeal body may award the administrator its reasonable costs of an appeal where the appeal body has given the appellant written notice that in its opinion—

(a) the appeal is frivolous or vexatious or otherwise has no reasonable prospects of success; or

(b) the appeal is conducted in an unreasonable or vexatious manner.

24.  The costs under paragraph 23—

(a) are those agreed by the parties to the appeal or in default of agreement, as found by the appeal body;

(b) if unpaid, are recoverable as a civil debt by the administrator.