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The Client Money Protection Schemes for Property Agents (Requirement to Belong to a Scheme etc.) Regulations 2019

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Appeals

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5.—(1) A property agent on whom a final notice is served may appeal to the First-tier Tribunal against—

(a)the decision to impose the penalty; or

(b)the amount of the penalty.

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

(3) If a property agent appeals under this paragraph, the final notice is suspended until the appeal is finally determined or withdrawn.

(4) An appeal under this paragraph—

(a)is to be a re-hearing of the local housing 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 First-tier Tribunal may quash, confirm or vary the final notice.

(6) The final notice may not be varied under sub-paragraph (5) so as to make it impose a financial penalty of more than—

(a)£30,000, in respect of a breach of regulation 3; or

(b)£5,000, in respect of a breach of regulation 4.

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