SCHEDULES
SCHEDULE 20Rail vehicle accessibility: compliance
12Penalties: appeals
1
A person may appeal to the court against a penalty on the ground that—
a
the person is not liable to the penalty;
b
the amount of the penalty is too high.
2
The court may—
a
allow the appeal and cancel the penalty;
b
allow the appeal and reduce the amount of the penalty;
c
dismiss the appeal.
3
An appeal under this section is a re-hearing of the Secretary of State’s decision and is to be determined having regard to—
a
any code of practice under paragraph 10 which has effect at the time of the appeal;
b
any other matter which the court thinks is relevant (whether or not the Secretary of State was aware of it).
4
An appeal may be brought under this section whether or not—
a
the person has given notice of objection under paragraph 11(3);
b
the penalty has been reduced under paragraph 11(5).
5
In this section “the court” is—
a
in England and Wales, a county court;
b
in Scotland, the sheriff.
6
The sheriff may transfer the proceedings to the Court of Session.
7
If the sheriff makes a determination under sub-paragraph (2), a party to the proceedings may appeal against the determination on a point of law to—
a
the Sheriff Principal, or
b
the Court of Session.