The Deposit Scheme for Drinks Containers (England and Northern Ireland) Regulations 2025
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Change 1
As published
98 Procedure on appeal
(1) Where an appeal is made to the appeal body under regulation 97—
(a) subject to sub-paragraph (b) and regulation 99, the decision which is the subject of the appeal, including a decision to appoint a person other than the person who is making the appeal to be the deposit management organisation, has effect until the appeal is finally determined or withdrawn, unless the appeal body determines otherwise;
(b) any civil sanction imposed under a notice (other than a compliance notice), or an enforcement cost recovery notice issued under Part 9, which is subject to an appeal is suspended until the appeal is finally determined or withdrawn.
(2) The appeal body may, in relation to the decision or notice which is the subject of the appeal—
(a) quash the decision or withdraw the notice (whether in whole or in part);
(b) confirm the decision or notice (whether in whole or in part);
(c) vary the decision or notice (whether in whole or in part);
(d) take any steps that the Secretary of State or the appropriate authority as defined in regulation 82(1) could take in relation to the matters giving rise to the decision or the act or omission giving rise to the notice;
(e) remit the decision, including any decision whether to confirm any matter relating to the decision or to confirm the notice, to the Secretary of State or the appropriate authority.
(3) Where an appeal is made to the appeals commission, if the appellant so requests or the appeals commission so decides, the appeal must be in the form of a hearing.
(4) Schedule 7 makes further provision about the procedure on an appeal.
Your change, as a redline
98 Procedure on appeal
(1) Where an appeal is made to the appeal body under regulation 97—
(a) subject to sub-paragraph (b) and regulation 99, the decision which is the subject of the appeal, including a decision to appoint a person other than the person who is making the appeal to be the deposit management organisation, has effect until the appeal is finally determined or withdrawn, unless the appeal body determines otherwise;
(b) any civil sanction imposed under a notice (other than a compliance notice), or an enforcement cost recovery notice issued under Part 9, which is subject to an appeal is suspended until the appeal is finally determined or withdrawn.
(2) The appeal body may, in relation to the decision or notice which is the subject of the appeal—
(a) quash the decision or withdraw the notice (whether in whole or in part);
(b) confirm the decision or notice (whether in whole or in part);
(c) vary the decision or notice (whether in whole or in part);
(d) take any steps that the Secretary of State or the appropriate authority as defined in regulation 82(1) could take in relation to the matters giving rise to the decision or the act or omission giving rise to the notice;
(e) remit the decision, including any decision whether to confirm any matter relating to the decision or to confirm the notice, to the Secretary of State or the appropriate authority.
(3) Where an appeal is made to the appeals commission, if the appellant so requests or the appeals commission so decides, the appeal must be in the form of a hearing.
(4) Schedule 7 makes further provision about the procedure on an appeal.
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