Schedule 1: Enforcement action under part 1: procedure Part 2- Civil sanctions Paragraph 7: Appeals
This paragraph sets out an appeals process for a person who has been issued with a compliance notice, redress notice, monetary penalty notice or costs notice. An appeal would be made to the Upper Tribunal.
	Subparagraph (2) sets out the grounds for an appeal. The grounds are: that the matter for which the notice was issued did not occur; that the actions specified in the notice are unreasonable; that the sum or amount in the monetary penalty is unreasonable; the costs relied on in arriving at the sum specified in the notice were not reasonably incurred; the time or manner of payment is unreasonable; or that the Secretary of State failed to comply with the requirements set out in the Act, or made some other procedural error.
	If the Court is satisfied with the grounds for the appeal, the appeal must be allowed and the Court must either: cancel or vary the notice; or refer the Court’s findings to the Secretary of State with a direction to consider whether to cancel or vary the notice (subparagraph (3)). The Court may only vary the notice where the grounds for appeal relate to monetary penalties or costs.
	Subparagraph (4) sets out that if the Court does not consider the grounds for appeal are satisfied, the appeal must be dismissed.
	Subparagraph (6) allows the person who appealed to reopen an appeal on any of the original grounds which led to a direction to the Secretary of State to reconsider or, if the Secretary of State has re-considered and issued a variation, on any of the original grounds in relation to the variation. This applies if the Secretary of State is directed by the Court to consider a variation or cancellation of the notice and has not done so within the time specified by the Court (subparagraph (5)).
	Subparagraph (7) gives the Court the power to suspend a notice if an appeal has been made.
	Subparagraph (8) explains that if a monetary penalty notice includes a daily fine, the Secretary of State or the person the notice was issued to may ask the Court to determine whether the fine must be paid for any particular day. This could, for example, be necessary where a notice has been remitted to the Secretary of State to consider whether to cancel or vary the notice and a variation leads to uncertainty about the extent to which a daily fine is payable.
	Subparagraph (9) clarifies that, for the purposes of this section, ‘the Tribunal’ means the First-tier Tribunal. This is qualified in sub section (10), which allows the Tribunal Procedure Rules to provide for an appeal to the Upper Tribunal instead of the First Tier Tribunal. This gives the flexibility for the Tribunal Rules to make adjustments to the appeals process in the future, for example, so that more important cases may directly go to the Upper Tribunal.