Appeals
8
1
A person served with a compliance notice under section 6 may appeal to the First-tier Tribunal against the decision to serve the notice.
2
The grounds for an appeal under subsection (1) are that—
a
the decision was based on an error of fact;
b
the decision was wrong in law;
c
the decision was unreasonable;
d
any step or prohibition specified in the notice is unreasonable.
3
On an appeal under subsection (1) the First-tier Tribunal may—
a
confirm the notice;
b
cancel the notice;
c
vary the notice;
d
remit to the Regulator the decision whether to confirm, cancel or vary the notice.
4
A person given notice under section 6(8) of the variation of a compliance notice may appeal to the First-tier Tribunal against the decision to vary the compliance notice.
5
The grounds for an appeal under subsection (4) are that—
a
the decision was based on an error of fact;
b
the decision was wrong in law;
c
the decision was unreasonable;
d
any step or prohibition specified in the compliance notice as a result of the variation is unreasonable.
6
On an appeal under subsection (4) the First-tier Tribunal may—
a
confirm the decision to vary the compliance notice, in whole or in part;
b
quash that decision, in whole or in part;
c
vary the compliance notice in a different way;
d
remit to the Regulator the decision whether to vary the compliance notice.
7
A person served with a compliance notice under section 6 may appeal to the First-tier Tribunal against a decision not to issue a completion certificate under section 7 relating to that notice.
8
The grounds for an appeal under subsection (7) are the grounds mentioned in subsection (2)(a) to (c).
9
On an appeal under subsection (7) the First-tier Tribunal may—
a
confirm the decision not to issue a completion certificate;
b
require the Regulator to issue a certificate;
c
remit to the Regulator the decision whether to issue a certificate.
10
Where a person has brought an appeal under subsection (1), (4) or (7), the First-tier Tribunal may suspend any requirement or prohibition specified in the compliance notice until the appeal is determined, withdrawn or abandoned.
11
Where an appeal is or may be made to the Upper Tribunal in relation to a decision of the First-tier Tribunal under this section, the Upper Tribunal may suspend any requirement or prohibition specified in the compliance notice until the appeal is determined, withdrawn or abandoned.
S. 8 in force at 2.10.2023 by S.I. 2023/1049, reg. 2(c)