Investigatory Powers Act 2016 (c. 25)
Schedule 1 — Monetary penalty notices
Part 1 — Monetary penalty notices
231
(6) If the Commissioner refuses a request by a person to vary or cancel a
monetary penalty notice which has been served on the person, the
Commissioner must inform the person of that fact.
Appeals in relation to monetary penalty notices
8
(1) A person on whom a monetary penalty notice is served may appeal to the
First-tier Tribunal against—
(a) the monetary penalty 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 monetary penalty notice.
(2) Where there is an appeal under sub-paragraph (1)(a) in relation to a
monetary penalty notice or any provision of it, any requirement in the notice
or (as the case may be) provision which does not relate to the imposition of
an enforcement obligation need not be complied with until the appeal is
withdrawn or finally determined.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
monetary penalty 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 serve, on such terms
as the Tribunal considers appropriate, a notice of variation or cancellation in
relation to the monetary penalty notice if the Tribunal considers that the
monetary penalty 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 monetary penalty notices
9
(1) This paragraph applies in relation to any penalty payable to the
Commissioner by virtue of a monetary penalty notice.
(2) In England and Wales or Northern Ireland, the penalty is recoverable—
(a) if the county court in England and Wales or a county court in
Northern Ireland so orders, as if it were payable under an order of
that court, and