Chapter 3: Enforcement Section 33: Appeals against enforcement notices
Subsection (1) provides that a recipient of an enforcement notice will be able to appeal to the First-tier Tribunal against the notice or any provision of it, including the decision to issue it. Appeals can also be made against any variation to a notice made under Section 31.
	Appeals must be made within 28 days from the date the notice was given by the enforcement authority. If the appeal is against the variation of the notice, then the appeal must be within 28 days beginning on the day on which the notice was varied.
	Subsection (3) establishes the Tribunal’s power to either confirm the notice or, if it is satisfied that any of the grounds in subsection (4) apply, to vary or cancel the notice or any part of it.
	Subsection (5) provides that if the Tribunal cancels a notice (whether in part or in full), it may require the person who gave the notice to reconsider the matter and make a new decision in accordance with the Tribunal’s ruling.
	Subsection (6) limits the Tribunal’s powers so that the Tribunal cannot direct the person who gave the notice to take any action that they would otherwise be unauthorised to take. The Tribunal cannot, for example, order a person to recall products that are not in scope of Part 1 of this Act, because this exceeds the powers of the Secretary of State.
	Subsection (7) allows the Tribunal to review the facts on which the decision to give the notice, or to include any provision of it, was based. The Tribunal may also consider evidence that was not available to the person who issued the notice. This allows for an appeals process even where the person who received the notice did not have an opportunity to submit evidence to the enforcement authority prior to the service of the notice by virtue of Section 29(7) or Section 30(8).
	Subsections (8) and (9) act as safeguards. Subsection (8) temporarily suspends the effect of the enforcement notice, or the variation of the enforcement notice, against which an appeal is made until that appeal is determined or withdrawn. Subsection (9) allows the Upper Tribunal to suspend the notice, or any part of it, if an appeal against the decision of the First-tier Tribunal is or may be made until the Upper Tribunal determines that appeal or until it is withdrawn.