- (c) how payment may be made;
- (d) the period within which payment must be made, which must not be less than 28 days;
- (e) the rights of appeal;
- (f) the consequences of failure to comply with the notice;
- (g) any circumstances in which the management authority may reduce the amount of the
penalty.
(5) If the requirements of the compliance notice, stop notice, third party undertaking or enforcement undertaking are fulfilled before the time specified for payment of the non-compliance penalty, the penalty is not payable.
Appeals
24.—(1) A person on whom the notice imposing the non-compliance penalty is served may appeal against it.
(2) The grounds of appeal are—
- (a) that the decision to serve the notice was based on an error of fact;
- (b) that the decision was wrong in law;
- (c) that the amount of the penalty is unreasonable;
- (d) that the decision was unreasonable for any reason;
- (e) that the decision was wrong for any other reason.
PART 6
Withdrawal and amendment of notices
Withdrawing or amending a notice
25. The management authority may at any time in writing—
- (a) withdraw a compliance notice or stop notice, or amend the steps specified in such a notice in order to reduce the amount of work necessary to comply with the notice;
- (b) withdraw a notice imposing a variable monetary penalty or a non-compliance penalty notice, or reduce the amount of the penalty specified in such a notice.
PART 7
Appeals
Appeals
26.—(1) Any appeal under this Schedule must be made to the First-tier Tribunal.
(2) In any appeal the Tribunal must determine the standard of proof.
(3) All notices (other than stop notices) are suspended until determination or withdrawal of the appeal.
(4) The Tribunal may, in relation to the imposition of a requirement or service of a notice—
- (a) withdraw the requirement or notice;
- (b) confirm the requirement or notice;
- (c) vary the requirement or notice;
- (d) take such steps as the management authority could take in relation to the act or omission giving rise to the requirement or notice;
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