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When is the deadline for appeal against a penalty (enterprise act 2002 s.114)?

The catalogue records a 28 days period from The day a copy of the penalty notice was served under Enterprise Act 2002 s.112(1), or (for an appeal against a s.112(3) decision) the day the person was notified of that decision. INCLUSIVE of the trigger day. This draft page remains free only until its source, worked example and limits are reviewed.

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Calculation basis and source

Period
28 days
Trigger
The day a copy of the penalty notice was served under Enterprise Act 2002 s.112(1), or (for an appeal against a s.112(3) decision) the day the person was notified of that decision. INCLUSIVE of the trigger day
Counting
The encoded calculator method must be independently documented before publication.
Rollovers and holidays
Holiday, closure and order treatment must be independently documented before publication.

This route remains in preparation until a pinpoint official source is recorded.

  • UNCERTAIN, and worth flagging to the user rather than assuming. Rule 9(2) (extension only in exceptional circumstances) is drafted by reference to "the time limit provided under paragraph (1)" of rule 9, and rule 28(1) sets its own free-standing limit, so rule 9(2) does not obviously bite. The general power in rule 19(2)(m) to extend "any time limits, whether or not expired" would then apply. Against that, rule 110(2)(c) withholds from the Registrar any power to extend time for filing an appeal under Part 3, which implies the Tribunal treats Part 3 filing deadlines as reserved and strict. Do not compute an extension as available; advise filing in time.
  • COUNTING TRAP: rule 28(1) says "within the period of 28 days starting with" the trigger day, which INCLUDES the trigger day. This displaces the ordinary rule 112(2) convention that the day of the event is not counted. Deadline = trigger day + 27 days. Contrast rule 9(1) and rule 25, which use "within ... of the date" and so exclude the trigger day. Rule 28(1)(a) lists the penal

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