http://www.legislation.gov.uk/ukpga/2000/26/section/36/2007-12-21Postal Services Act 2000An Act to establish the Postal Services Commission and the Consumer Council for Postal Services; to provide for the licensing of certain postal services and for a universal postal service; to provide for the vesting of the property, rights and liabilities of the Post Office in a company nominated by the Secretary of State and for the subsequent dissolution of the Post Office; to make further provision in relation to postal services; and for connected purposes.2000-08-02texttext/xmlenStatute Law Database2024-04-24Expert Participation2007-12-21 Postal Services Act 2000Blanket amendmentThe Treaty of Lisbon (Changes in Terminology) Order 2011art. 3 4art. 3(2)art. 3(3) 4(2) 6(4)(5)art. 2Postal Services Act 2000Sch. 7 para. 3(2)(s) (sa)Financial Services Act 2012Sch. 20 para. 10(3)Sch. 20s. 122(3)art. 2(1)(a)Sch. Pt. 1Postal Services Act 2000Sch. 6 para. 3(4A)Planning (Consequential Provisions) (Wales) Act 2026Deddf Cynllunio (Darpariaethau Canlyniadol) (Cymru) 2026Sch. 2 para. 319(b)Sch. 5 Pt. 1s. 5(2) Part II361This section applies if a licence holder on whom a penalty is imposed under section 30 is aggrieved by—athe imposition of the penalty,bthe amount of the penalty, orcthe date by which the penalty is required to be paid or (as the case may be) the different dates by which portions of the penalty are required to be paid.2The licence holder may apply to the court.3If a copy of the notice under section 32(3) was served on the licence holder, the application to the court shall, subject to subsection (4), be made within the period of 42 days starting with the day on which the copy was served on the licence holder.4If the application relates to a decision of the Commission on an application by a licence holder under section 32(5), the application to the court shall be made within the period of 42 days starting with the day on which the licence holder is notified of the decision.5On an application under this section, the court may—aquash the penalty,bsubstitute a penalty of such lesser amount as the court considers appropriate, orcin a case falling within subsection (1)(c), substitute for the date or dates imposed by the Commission an alternative date or dates,if it considers it appropriate to do so and is satisfied of one or more of the grounds mentioned in subsection (6).6The grounds are—athat the imposition of the penalty was not within the powers of the Commission under section 30,bthat any of the requirements of section 32 or 33 have not been complied with in relation to the imposition of the penalty and the interests of the licence holder have been substantially prejudiced by the non-compliance,cthat it was unreasonable of the Commission to require the penalty to be paid by the date concerned or (as the case may be) to require portions of it to be paid by the dates concerned.7Where an application has been made under this section, the penalty shall not be required to be paid until the application has been determined, withdrawn or otherwise dealt with.8Where the court substitutes a penalty of a lesser amount it may require the payment of interest on the substituted penalty at such rate, and from such date, as it considers appropriate.9Where the court specifies as a date by which the penalty, or a portion of the penalty, is to be paid a date before the determination of the application under this section it may require the payment of interest on the penalty, or portion, from that date at such rate as it considers appropriate.10Except as provided by this section, the validity of a penalty shall not be questioned in any legal proceedings.11In this section “the court” means—ain relation to England and Wales or Northern Ireland, the High Court, andbin relation to Scotland, the Court of Session.