A G E N D A 1. APOLOGIES FOR ABSENCE Ian Metcalfe 2 ...

6 Rights of appeal6.1 IntroductionThis chapter outlines the decisions that are appealable and the appeal processes as specified bylaw.6.2 Provider enforcementA provider may appeal a decision to impose a discretionary requirement, the imposition of a noncompliancepenalty or the refusal by Monitor to issue a certificate of compliance in relation to anenforcement undertaking to the First-tier Tribunal.The First-tier Tribunal is a specialist judicial body established under the Courts and EnforcementAct 2007. The main function of the First-tier Tribunal is to hear and decide appeals in specifiedareas of law (see http://www.justice.gov.uk/tribunals).Discretionary requirementsA provider has a right of appeal to the First-tier Tribunal against a decision to impose adiscretionary requirement. An appeal may be brought on one or more of the following grounds:• that the decision was based on an error of fact;• that the decision was wrong in law;• that the amount of a variable monetary penalty is unreasonable;• that the nature of a compliance requirement or restoration requirement is unreasonable; or• that the decision was unreasonable for any other reason.Once the provider has lodged an appeal, the discretionary requirement will be suspended untilthe appeal is determined.When the Tribunal reaches a decision on the appeal, it may take any of the following actions:• confirm, vary or withdraw the discretionary requirement;• take such steps as Monitor could take in relation to the breach; or• remit the decision whether to confirm the requirement, or any matter relating to thedecision, to Monitor.Page 42 of 50