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Investigatory Powers Act 2016 (c. 25)
Schedule 1 — Monetary penalty notices
Part 2 — Information provisions
Appeals in relation to information notices
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(1) A person on whom an information notice is served may appeal to the Firsttier Tribunal against—
(a) the information notice or any provision of it, or
(b) any refusal of a request by the person to serve a notice of variation or
cancellation in relation to the information notice.
(2) Subject to paragraph 14(2), an appeal under this paragraph does not affect
the need to comply with the information notice while the appeal has not
been withdrawn or finally determined.
(3) Sub-paragraphs (4) to (6) apply in relation to an appeal under sub-paragraph
(1)(a).
(4) The First-tier Tribunal must allow the appeal or substitute such other
information notice as could have been served by the Commissioner if the
Tribunal considers—
(a) that the notice to which the appeal relates is not in accordance with
the law, or
(b) to the extent that the notice involved an exercise of discretion by the
Commissioner, that the Commissioner ought to have exercised the
discretion differently.
(5) In any other case, the First-tier Tribunal must dismiss the appeal.
(6) The First-tier Tribunal may review any determination of fact on which the
notice was based.
(7) Sub-paragraphs (8) to (10) apply in relation to an appeal under subparagraph (1)(b).
(8) The First-tier Tribunal must direct the Commissioner to issue, on such terms
as the Tribunal considers appropriate, a notice of variation or cancellation in
relation to the information notice if the Tribunal considers that the
information notice ought to be varied or cancelled on those terms.
(9) In any other case, the First-tier Tribunal must dismiss the appeal.
(10) The First-tier Tribunal may review any determination of fact on which the
refusal to serve the notice of variation or cancellation was based.
Enforcement of information notices
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(1) The Commissioner may serve a Part 2 monetary penalty notice on a person
if the person—
(a) without reasonable excuse fails to comply with an information
notice, or
(b) knowingly or recklessly gives any information which is false in a
material particular in response to an information notice.
(2) A Part 2 monetary penalty notice is a notice requiring the person on whom
it is served to pay to the Commissioner a monetary penalty of an amount
determined by the Commissioner and specified in the notice.
(3) The amount of a monetary penalty determined by the Commissioner under
this paragraph may be—
(a) a fixed amount,