(a) confirm or quash the decision to give the penalty notice, or
(b) confirm or vary any requirement of it.
(6) In determining an appeal the Tribunal may—
(a) review any determination of fact on which the decision or requirement appealed against is based, and
(b) take into account evidence which was not available to the Secretary of State when giving the notice.
(7) Where an appeal in respect of a penalty notice is made under this paragraph the notice is of no effect until the appeal is determined or withdrawn.
(8) Where an appeal is or may be made to the Upper Tribunal in relation to a decision of the Tribunal under this paragraph, the Upper Tribunal may suspend the notice to which the appeal relates until the appeal is determined or withdrawn.
(9) If the Tribunal confirms or varies a decision or requirement appealed against under this paragraph, the person to whom the penalty notice is given must comply with the notice or the notice as varied (as the case may be)—
(a) within such period as may be specified by the Tribunal, or
(b) if the Tribunal does not specify a period, within such period as may be specified by the Secretary of State and notified to the person. ”
Section 58
Schedule 2 N.I. National Underground Asset Register (Northern Ireland): monetary penalties
I260 Sch. 2 in force at Royal Assent for specified purposes, see s. 142(1)(2) (h)
In the Street Works (Northern Ireland) Order 1995 ( S.I. 1995/3210 (N.I. 19)) , after Schedule 2 insert—
Article 45G
“ Schedule 2ZA N.I. Monetary penalties in relation to requirements under Articles 45E and 45F
Power to impose monetary penaltiesamen
(i) pay a fee in accordance with regulations under Article 45E (1) , or
(ii) provide information in accordance with regulations under Article 45F (1) or (2) , or
(b) has, in purported compliance with a requirement imposed on the person under regulations under Article 45F (1) or (2) , provided information that is false or misleading in a material respect.
(2) But the Secretary of State may not give a penalty notice to a person before the date specified in the warning notice in accordance with paragraph 2 (2) (d) .
Section 65
Schedule 3 U.K. Registers of births and deaths: minor and consequential amendments
Part 1 U.K. Amendments of the Births and Deaths Registration Act 1953
1 U.K. The Births and Deaths Registration Act 1953 is amended as follows.
I261 Sch. 3 para. 1 not in force at Royal Assent, see s. 142(1)