SCHEDULES
F1SCHEDULE A1MONETARY PENALTY NOTICES IN RELATION TO CERTAIN UNLAWFUL INTERCEPTIONS
PART 1MONETARY PENALTY NOTICES
Appeals against notices
5
1
A person on whom a monetary penalty notice is served may appeal to the First-tier Tribunal against—
a
the monetary penalty notice or any provision of it, or
b
any refusal of a request by the person to issue a notice of variation or cancellation in relation to the monetary penalty notice.
2
Where there is an appeal under sub-paragraph (1)(a) in relation to a monetary penalty notice or any provision of it, any requirement in the notice or (as the case may be) provision concerned which does not relate to the imposition of an enforcement obligation need not be complied with until the appeal is withdrawn or finally determined.
3
Sub-paragraphs (4) to (6) apply in relation to an appeal under sub-paragraph (1)(a).
4
The First-tier Tribunal must allow the appeal or substitute such other monetary penalty notice as could have been served by the Commissioner if the Tribunal considers—
a
that the notice concerned is not in accordance with the law, or
b
to the extent that the notice involved an exercise of discretion by the Commissioner, that the Commissioner ought to have exercised the discretion differently.
5
In any other case, the First-tier Tribunal must dismiss the appeal.
6
The First-tier Tribunal may review any determination of fact on which the notice concerned was based.
7
Sub-paragraphs (8) to (10) apply in relation to an appeal under sub-paragraph (1)(b).
8
The First-tier Tribunal must direct the Commissioner to issue, on such terms as the Tribunal considers appropriate, a notice of variation or cancellation in relation to the monetary penalty notice if the Tribunal considers that the monetary penalty notice ought to be varied or cancelled on those terms.
9
In any other case, the First-tier Tribunal must dismiss the appeal.
10
The First-tier Tribunal may review any determination of fact on which the refusal to issue the notice of variation or cancellation was based.
Sch. A1 inserted (17.6.2011) by The Regulation of Investigatory Powers (Monetary Penalty Notices and Consents for Interceptions) Regulations 2011 (S.I. 2011/1340), regs. 1(2), 2(4) {Sch.}