Genetic Technology (Precision Breeding) Act 2023
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Change 1
37 Enforcement notices: reviews and appeals
(1) Regulations which provide for the issue of an enforcement notice to a person must— (a) secure that the person to whom it is issued may— (i) require the Secretary of State to review the decision to issue the notice, and (ii) if not satisfied with the outcome of any such review, appeal against that decision; (b) secure that the grounds on which a review may be required or an appeal brought include the following— (i) that the decision was based on an error of fact, (ii) that the decision was wrong in law, (iii) that any steps specified in the notice were unreasonable, (iv) in the case of a stop notice, that the person to whom it was issued had not committed the relevant breach and would not have done so had the notice not been issued, (v) in the case of a monetary penalty notice, that the amount of the penalty was unreasonable, and (vi) that the decision was unreasonable for any other reason, (c) make provision for such an appeal to be brought in the First-tier Tribunal, and (d) make provision for suspending the operation of a compliance notice or monetary penalty notice where an appeal is brought under the regulations in relation to the notice pending the outcome of the appeal. (2) Regulations which provide for the issue of an enforcement notice may make provision as to— (a) the Secretary of State’s functions on a review of a decision to issue an enforcement notice, or (b) the powers of the First-tier Tribunal on an appeal by virtue of this section.
37 Enforcement notices: reviews and appeals
(1) Regulations which provide for the issue of an enforcement notice to a person must— (a) secure that the person to whom it is issued may— (i) require the Secretary of State to review the decision to issue the notice, and (ii) if not satisfied with the outcome of any such review, appeal against that decision; (b) secure that the grounds on which a review may be required or an appeal brought include the following— (i) that the decision was based on an error of fact, (ii) that the decision was wrong in law, (iii) that any steps specified in the notice were unreasonable, (iv) in the case of a stop notice, that the person to whom it was issued had not committed the relevant breach and would not have done so had the notice not been issued, (v) in the case of a monetary penalty notice, that the amount of the penalty was unreasonable, and (vi) that the decision was unreasonable for any other reason, (c) make provision for such an appeal to be brought in the First-tier Tribunal, and (d) make provision for suspending the operation of a compliance notice or monetary penalty notice where an appeal is brought under the regulations in relation to the notice pending the outcome of the appeal. (2) Regulations which provide for the issue of an enforcement notice may make provision as to— (a) the Secretary of State’s functions on a review of a decision to issue an enforcement notice, or (b) the powers of the First-tier Tribunal on an appeal by virtue of this section.
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