The Electric Vehicles (Smart Charge Points) Regulations 2021

Appeals

18.—(1) Any appeal under paragraph 17 must be made to the First-tier Tribunal.

(2) An appeal must be brought within 28 days of the date on which the final notice is received.

(3) Any compliance notices are suspended pending the appeal.

(4) The Tribunal may, in relation to the imposition of a compliance notice—

(a) withdraw the compliance notice;

(b) confirm the compliance notice;

(c) vary the compliance notice;

(d) take such steps as the enforcement authority could take in relation to the act or omission giving rise to the compliance notice;

(e) remit the decision whether to confirm the compliance notice, or any matter relating to that decision, to the enforcement authority.

(5) The Tribunal may, in relation to the imposition of a civil penalty—

(a) allow the appeal and cancel the civil penalty;

(b) allow the appeal and reduce the civil penalty; or

(c) dismiss the appeal.

(6) An appeal—

(a) is to be a re-hearing of the enforcement authority’s decision to impose a civil sanction; and

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

(7) Paragraph (6)(a) has effect despite any provision of rules of court.