Prospective

22extent U.K. + Appeals against penaltiesU.K.

section 22 1 + (1)A person who is given a penalty notice may appeal to the tribunal against the notice or a variation of the notice.

section 22 2 + (2)An appeal under this section must be brought before the end of the period of 28 days, beginning with—

section 22 2 a + (a)the day on which the penalty notice is given, or

section 22 2 b + (b)if the appeal concerns a variation of the notice, the day on which notice of the variation is given.

section 22 3 + (3)On an appeal under this section—

section 22 3 a + (a)if the tribunal is satisfied that any of the grounds in subsection (4) applies, it may vary or cancel the penalty notice;

section 22 3 b + (b)if the tribunal is not so satisfied, it must dismiss the appeal.

section 22 4 + (4)The grounds referred to in subsection (3)(a) are that the decision to give or vary the notice was—

section 22 4 a + (a)based, wholly or partly, on an error of fact;

section 22 4 b + (b)wrong in law;

section 22 4 c + (c)unfair or unreasonable for any other reason.

section 22 5 + (5)In determining an appeal under this section, the tribunal may—

section 22 5 a + (a)review any determination of fact on which the decision to give or vary the notice was based;

section 22 5 b + (b)take into account evidence which was not available to the Security Industry Authority.

section 22 6 + (6)Where an appeal in respect of a penalty notice is made under this section, the notice or variation (as the case may be) is of no effect until the appeal is determined or withdrawn unless the tribunal orders otherwise.