Environmental Protection Act 1990

[F146DAppeals against penalties under section 46AE+W+S

(1)A person on whom a final notice is served under section 46C may appeal to the First-tier Tribunal against the decision to require payment of a fixed penalty.

(2)On an appeal under this section the First-tier Tribunal may withdraw or confirm the requirement to pay the fixed penalty.

(3)The requirement to pay the fixed penalty is suspended pending the determination or withdrawal of the appeal that is the final appeal made by the person against the decision to require payment of the penalty.

(This is subject to subsection (4).)

(4)Where the requirement to pay the fixed penalty is confirmed at any stage in the proceedings on appeal, payment must be made before the end of the period of 28 days beginning with the day on which the requirement is so confirmed unless the person makes a further appeal before the end of that period.

(5)The reference in subsection (4) to the requirement to pay the fixed penalty being confirmed on appeal includes a reference to an appeal decision confirming the requirement to pay the fixed penalty being upheld on a further appeal.]

Textual Amendments

F1Ss. 46A-46D inserted (26.3.2015 for specified purposes, 15.6.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), ss. 58(3), 115(2)(c); S.I. 2015/994, art. 8