Legislation – Air Traffic Management and Unmanned Aircraft Act 2021
SCHEDULE 2Enforcement of airspace change directions and connected appeals
PART 2Appeals
Decisions on appeal
15
(1)
The Tribunal may allow an appeal under paragraph 13 or 14 only to the extent that it is satisfied that the decision appealed against was wrong on one or more of the following grounds—
(a)
that the decision was based on an error of fact;
(b)
that the decision was wrong in law;
(c)
that an error was made in the exercise of a discretion.
(2)
If the Tribunal allows an appeal under paragraph 13, the Tribunal may set aside or confirm the enforcement order or the modification (as the case may be).
(3)
If the Tribunal does not allow an appeal under paragraph 13, the Tribunal must confirm the enforcement order or the modification (as the case may be).
(4)
If the Tribunal allows an appeal under paragraph 14, the Tribunal may—
(a)
set aside or confirm the penalty;
(b)
vary the amount of the penalty;
(5)
If the Tribunal does not allow an appeal under paragraph 14, the Tribunal must confirm the penalty.