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

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

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

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Non-compliance penaltiesA provider may appeal to the First-tier Tribunal against one of Monitor’s decisions to impose anon-compliance penalty on any of the following grounds:• that the decision was based on an error of fact;• that the decision was wrong in law; or• that the decision was, or the amount of the penalty is, unfair or unreasonable.If the provider lodges an appeal, the non-compliance penalty will be suspended until the appeal isdetermined.When making a decision on the appeal, the Tribunal may take the following action:• confirm, vary or withdraw the non-compliance penalty; or• remit the decision whether to confirm the penalty, or any matter relating to that decision, toMonitor.Enforcement undertakingsA provider may appeal, to the First-tier Tribunal, a refusal from Monitor to meet a request for acertificate of compliance on the following grounds:• the decision was based on an error of fact;• the decision was wrong in law; or• the decision was unfair or unreasonable.In making a decision on the appeal, the Tribunal may either confirm Monitor’s decision or directthat it is not to have effect.6.3 Licence revocationA licensee has a right of appeal to the First-tier Tribunal against a decision to revoke a licenceunder section 89(b). 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; or• that the decision was unreasonable.Page 43 of 50

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