Section 96: Appeals against financial penalties
257.Licensed bodies may appeal to the relevant appellate body (defined in section 111) against financial penalties. Appeals have to be made within a deadline set by the Board in rules. There are limited grounds for appeal, (section 96(2)):
that the imposition of the penalty was unreasonable in all the circumstances,
that the amount of the penalty was unreasonable, and
that the payment timetable was unreasonable.
258.The appellate body can quash the penalty, reduce it, or change the payment timetable (section 96(3)). If it reduces the penalty or changes the timetable, it may add interest to the whole of the penalty or part of it (sections 96(4) and 96(5)). Further appeals to the High Court on a point of law are possible under section 96(6), and the High Court can then make any order it thinks fit (section 96(7)). Section 96(8) prevents penalties being challenged by any other means.
