SCHEDULES

F1SCHEDULE A1MONETARY PENALTY NOTICES IN RELATION TO CERTAIN UNLAWFUL INTERCEPTIONS

Annotations:

PART 2INFORMATION PROVISIONS

Appeals against notices

10

1

A person on whom an information notice is served may appeal to the First-tier Tribunal against—

a

the information 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 information notice.

2

Subject to paragraph 9(6), an appeal under this paragraph does not affect the need to comply with the information notice while the appeal is not 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 information 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 information notice if the Tribunal considers that the information 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.