SCHEDULE 5

Appeals

Appeals against notices served by the Environment Agency or the Secretary of State
1
1
A person on whom an enforcement notice, a civil penalty notice or an enforcement cost recovery notice is served by the Environment Agency or the Secretary of State may appeal against it to the First-tier Tribunal.
2
An appeal must be made within 28 days beginning with the day on which the notice subject to the appeal is served.
3
A person bringing an appeal under sub-paragraph (1) may withdraw the appeal at any time before the appeal is determined.
4
Where an appeal is made under sub-paragraph (1), the notice is suspended until the appeal is withdrawn or determined by the First-tier Tribunal in accordance with sub-paragraph (5).
5
The First-tier Tribunal may—
a
affirm the notice;
b
direct the Environment Agency or Secretary of State to vary or withdraw the notice;
c
impose such other enforcement notice, civil penalty notice or enforcement cost recovery notice as the First-tier Tribunal thinks fit.
Schs. 4, 5 inserted (E.S.) (1.4.2018) by The Fluorinated Greenhouse Gases (Amendment) Regulations 2018 (S.I. 2018/98), regs. 1(2), 31