Appeals8

1

A person to whom a final notice is given may appeal to the First-tier Tribunal against—

a

the decision to impose the penalty; or

b

the amount of the penalty.

2

If a person appeals under this regulation, the final notice is suspended until the appeal is finally determined or withdrawn.

3

An appeal under this regulation—

a

is to be a re-hearing of the Secretary of State’s decision; but

b

may be determined having regard to matters of which the Secretary of State was unaware when the decision was made.

4

On an appeal under this regulation, the First-tier Tribunal may confirm, quash or vary the final notice.

5

The final notice may not be varied under paragraph (4) so as to impose a financial penalty which is not the amount determined in accordance with regulation 3.