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ScheduleEnforcement

Appeals

7(1)A person on whom a final notice is served may appeal to the appropriate tribunal against—

(a)the decision to impose the penalty or make the order,

(b)the amount of the penalty, or

(c)the terms of the order.

(2)An appeal under this paragraph must be brought before the end of the period of 28 days beginning with the day after that on which the final notice is served.

(3)If an appeal is brought under this paragraph, the final notice is suspended so far as it relates to the matter which is the subject of the appeal until the appeal is finally determined, withdrawn or abandoned.

(4)An appeal under this paragraph—

(a)is to be a re-hearing of the authority’s decision, but

(b)may be determined having regard to matters of which the authority was unaware.

(5)On an appeal under this paragraph the appropriate tribunal may quash, confirm or vary the notice.

(6)The final notice may not be varied so as to make it impose a financial penalty of less than the minimum financial penalty or more than the maximum financial penalty that could have been imposed in the final notice by the enforcement authority.