Schedules Schedule 13: Penalties relating to airport control areas Paragraph 28D - appeals
Sub-paragraph (1) provides that the recipient may appeal to the court on the ground that the recipient is not liable to the imposition of a penalty, or that the amount of the penalty is too high.
	Sub-paragraph (2) provides that an appeal can only be brought if the appellant has objected to the notice.
	Sub-paragraph (3) requires that the appeal must be made within 28 days of the notification of the decision.
	Sub-paragraph (4) provides for the court to allow the appeal and either cancel or reduce the penalty; or dismiss the appeal.
	Sub-paragraph (5) requires the appeal to be a re-hearing of the Secretary of State’s decision to impose a penalty and to be determined having regard to: any extant codes of practice under paragraph 28A, and any other matters which the court thinks relevant (which may include matters of which the Secretary of State was unaware).
	Sub-paragraph (6) allows for a full re-hearing under sub-paragraph 3 irrespective of the Civil Procedure Rules (Part 52), or other rules applying to the court in question, that stipulate that an appeal must be on the basis of a point of law.
	Sub-paragraph (7) and (8) stipulates that in this section "the court" means: the county court if the appeal relates to a penalty notice for a failure to comply at an airport in England and Wales; the sheriff, if the appeal relates to a penalty for a failure to comply at an airport in Scotland; and a county court in Northern Ireland if the appeal relates to a penalty for a failure to comply at an airport in Northern Ireland.