109ZB.— (1) A decision as to breach or, where applicable, the imposition of an administrative sanction, or both, shall not be challenged, including as to its validity, other than by an appeal under this section.

(2) A relevant provider to whom a decision as to breach relates may appeal to the appropriate court–

(a) where no administrative sanction is imposed in respect of a decision as to breach, against the decision as to breach, or

(b) where an administrative sanction is imposed in respect of a decision as to breach–

(i) against the imposition of an administrative sanction, including the type of administrative sanction imposed, or

(ii) against both the decision as to breach and the imposition of an administrative sanction, including against the type of administrative sanction imposed.

(3) Subject to subsection (4), an appeal under subsection (2) may be made to the appropriate court–

(a) under subsection (2)(a), within 28 days from the date on which the notice in writing under section 109U(5) is sent to the relevant provider, or

(b) under subsection (2)(b), within 28 days from the date on which the notice in writing under section 109X(2) is sent to the relevant provider.

(4) The appropriate court may, on the application of a relevant provider to whom a decision as to breach relates, extend the period referred to in subsection (3) for the making of an appeal under subsection (2) where it is satisfied that–

(a) there is good and sufficient reason for doing so,

(b) the circumstances that resulted in the failure to bring an appeal within that period were outside the control of the relevant provider, and

(c) where an application has been made under section 109ZC for confirmation of the decision as to breach or, where applicable, the imposition of an administrative sanction, that application has not been finally determined.

(5) An appeal under subsection (2) may be made on either or both of the following grounds:

(a) a ground that could, but for subsection (1), be relied upon by the relevant provider in an application seeking judicial review of the decision of the adjudication officer;

(b) in so far as it is not a ground referred to in paragraph (a), the ground that an administrative sanction imposed is disproportionate.

(6) In considering an appeal under subsection (2), the appropriate court may, where it considers it necessary for the fair and proper determination of the appeal, consider–

(a) information or documentation provided by the Minister, the relevant provider or any person under paragraph (b) or (c) of section 109T(3), and

(b) any evidence adduced or submission made by the Minister or by the relevant provider, whether or not already adduced or made to the adjudication officer.

(7) Subject to subsection (8) and sections 109Z and 109ZA, the appropriate court may, on the hearing of an appeal under subsection (2)–

(a) where subsection (2)(a) applies–

(i) confirm the decision as to breach, or

(ii) set aside the decision as to breach,

(b) where subsection (2)(b)(i) applies–

(i) confirm the administrative sanction,

(ii) set aside the administrative sanction,

(iii) set aside the administrative sanction, and replace it with such other administrative sanction as the court considers just and appropriate to impose, including in the case of a financial penalty, the imposition of a different financial penalty and in the case of a daily penalty payment, the imposition of a different daily penalty payment, or

(iv) remit the administrative sanction for reconsideration by an adjudication officer, subject to such directions as the court considers appropriate,

or

(c) where subsection (2)(b)(ii) applies–

(i) confirm both the decision as to breach and the administrative sanction,

(ii) confirm the decision as to breach and set aside the administrative sanction,

(iii) confirm the decision as to breach and set aside the administrative sanction and replace it with such other administrative sanction as the court considers it just and appropriate to impose, including, in the case of a financial penalty, the imposition of a different financial penalty and in the case of a daily penalty payment, the imposition of a different daily penalty payment,

(iv) remit either or both the decision as to breach and the administrative sanction for reconsideration by an adjudication officer, subject to such directions as the court considers appropriate, or

(v) set aside both the decision as to breach and the administrative sanction.

(8) A decision as to breach or the imposition of an administrative sanction may not be set aside or remitted by the appropriate court under subparagraph (ii) of paragraph (a), subparagraph (ii), (iii) or (iv) of paragraph (b) or subparagraph (ii), (iii), (iv) or (v) of paragraph (c) of subsection (7) for error of law or fact unless the appropriate court is satisfied that the officer concerned committed a serious and significant error in making the decision, or that the officer committed a series of minor errors which, when taken together, amount to a serious and significant error.

(9) The appropriate court may make such interim or interlocutory orders in appeal proceedings under this section as it considers appropriate.

(10) The appropriate court may direct how the costs of an appeal under subsection (2) are to be borne.

(11) Where an appeal under subsection (2) is withdrawn or abandoned by a relevant provider, or struck out by the appropriate court, the Minister shall make an application under section 109ZC.]