§ `(1) A person to whom a civil penalty notice is given may appeal to the court on one or both of the following grounds—
- (a) that he is not liable to pay the penalty;
- (b) that the amount of the penalty is too high.
§ (2) An appeal under this section must be brought within such period after the giving of the civil penalty notice as may be set out in rules of court.
§ (3) On an appeal under this section, the court may—
- (a) allow the appeal and cancel the penalty;
- (b) allow the appeal and reduce the penalty; or
- (c) dismiss the appeal.
§ (4) An appeal under this section is to be by way of a rehearing of the Administrator's decision to impose the penalty.
§ (5) The matters to which the court may have regard when determining an appeal under this section include all matters that the court considers relevant, including—
- (a) matters of which the Administrator was unaware when he made his decision; and
- (b) matters which (apart from this subsection) the court would be prevented from having regard to by virtue of rules of court.
§ (6) An appeal under this section may be brought in relation to a penalty irrespective of whether a notice of objection under section [Objections to civil penalties] has been given in respect of that penalty or whether there has been an increase or reduction under that section.
§ (7) In this section "the court" means—
- (a) in England and Wales or Northern Ireland, the High Court; and
- (b) in Scotland, the Court of Session.'.—[Mr. Timms.]
§ Brought up, read the First and Second time, and added to the Bill.