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107. This Part applies to the following decisions of the administrator—
(a)a decision under article 11(4), 32(3), 43(4) or 64(3) that a person is the manufacturer of a car or a van, as the case may be;
(b)a decision to give a notice under paragraph (2)(a) of article 20, 22, 52 or 54 in relation to the use of a vehicle by a car club;
(c)a decision not to reflect in the final information notified to a participant in the Trading Schemes or an SPV manufacturer under article 79 any error which that participant or manufacturer has notified to the administrator accordance with article 78;
(d)a decision under paragraph 12 of Schedule 4 to reject an application by a CRTS participant to be a low-volume CRTS participant, or to reject an application by a VRTS participant to be a low-volume VRTS participant;
(e)a decision under paragraph 8 of Schedule 5 to reject an application made under that Schedule by two or more manufacturers to be treated as a pool participant in the Trading Schemes;
(f)a decision that a trade has not taken place under article 25(7), 26(5), 37(7), 57(7), 58(5) or 69(7);
(g)a decision to give a payment notice under article 28(3), 39(4), 60(4) or 71(4);
(h)a decision to give an enforcement notice under article 92;
(i)a decision to impose a civil penalty under Part 6.
108.—(1) A participant in the Trading Schemes or an SPV manufacturer may appeal to the First-tier tribunal against a decision of the administrator to which this Part applies, on the ground that—
(a)the decision was based on an error of fact;
(b)the decision was wrong in law;
(c)in the case of a financial penalty, that the amount of the penalty is unreasonable;
(d)in the case of a non-financial penalty, that the nature of the penalty is unreasonable; or
(e)that the decision was wrong or unreasonable for any other reason.
(2) The First-tier tribunal may confirm the administrator’s decision, cancel it or substitute its own decision.
(3) Until any appeal made under this article against a decision mentioned in article 107(a) to (h) has been finally determined or withdrawn, no civil penalty may be imposed under Part 6 in relation to the decision.
(4) Until any appeal made under this article against a decision to impose a civil penalty under Part 6 has been finally determined or withdrawn, the civil penalty is suspended.
(5) If the outcome of an appeal made under this Part is that the administrator incorrectly treated a participant in the Trading Schemes or an SPV manufacturer as being, or as not being, entitled to an allowance or a credit, the administrator must take appropriate steps to correct the position in the registry.
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