The Vehicle Emissions Trading Schemes Order 2023
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Change 1
108 Appeal against decisions of the administrator
(1) A participant in the Trading Schemes or an SPV manufacturer may appeal to the First-tier tribunal against a decision of the administrator to which this Part applies, on the ground that— (a) the decision was based on an error of fact; (b) the decision was wrong in law; (c) in the case of a financial penalty, that the amount of the penalty is unreasonable; (d) in the case of a non-financial penalty, that the nature of the penalty is unreasonable; or (e) that the decision was wrong or unreasonable for any other reason. (2) The First-tier tribunal may confirm the administrator’s decision, cancel it or substitute its own decision. (3) Until any appeal made under this article against a decision mentioned in article 107(a) to (h) has been finally determined or withdrawn, no civil penalty may be imposed under Part 6 in relation to the decision. (4) Until any appeal made under this article against a decision to impose a civil penalty under Part 6 has been finally determined or withdrawn, the civil penalty is suspended. (5) If the outcome of an appeal made under this Part is that the administrator incorrectly treated a participant in the Trading Schemes or an SPV manufacturer as being, or as not being, entitled to an allowance or a credit, the administrator must take appropriate steps to correct the position in the registry.
108 Appeal against decisions of the administrator
(1) A participant in the Trading Schemes or an SPV manufacturer may appeal to the First-tier tribunal against a decision of the administrator to which this Part applies, on the ground that— (a) the decision was based on an error of fact; (b) the decision was wrong in law; (c) in the case of a financial penalty, that the amount of the penalty is unreasonable; (d) in the case of a non-financial penalty, that the nature of the penalty is unreasonable; or (e) that the decision was wrong or unreasonable for any other reason. (2) The First-tier tribunal may confirm the administrator’s decision, cancel it or substitute its own decision. (3) Until any appeal made under this article against a decision mentioned in article 107(a) to (h) has been finally determined or withdrawn, no civil penalty may be imposed under Part 6 in relation to the decision. (4) Until any appeal made under this article against a decision to impose a civil penalty under Part 6 has been finally determined or withdrawn, the civil penalty is suspended. (5) If the outcome of an appeal made under this Part is that the administrator incorrectly treated a participant in the Trading Schemes or an SPV manufacturer as being, or as not being, entitled to an allowance or a credit, the administrator must take appropriate steps to correct the position in the registry.
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