HC Deb 09 March 1998 vol 308 c226

Amendments made: No. 18, in page 14, line 7, leave out subsection (3) and insert— '(3) On an appeal under subsection (1) above, the employment tribunal shall dismiss the appeal unless it is shown—

  1. (a) that, in the case of each of the allegations of failure to comply with the enforcement notice, the facts are such that an officer who was aware of them would have had no reason to serve any penalty notice on the appellant; or
  2. (b) that the penalty notice is incorrect in some of the particulars which affect the amount of the financial penalty; or
  3. (c) that the calculation of the amount of the financial penalty is incorrect;
and for the purposes of any appeal relating to a penalty notice, the enforcement notice in question shall (subject to rescission or rectification on any appeal brought under section 17 above) be taken to be correct.'.

No. 19, in page 14, line 15, after '(b)' insert 'or (c)'.—[Mr. Ian McCartney.]

Forward to