PART 4STANDARDS

CHAPTER 7RIGHT OF CHALLENGE

55Challenging existing duties

1

This section applies if—

a

the Commissioner has given a person (P) a compliance notice, and

b

the notice already requires P—

i

to comply with a standard, or

ii

to comply with a standard in a particular respect.

2

P may apply to the Commissioner for the Commissioner to determine whether or not the requirement for P to comply with that standard, or to comply with it in that respect, is unreasonable or disproportionate.

3

But the Commissioner may refuse to accept an application under this section if he or she is satisfied that there has been no material change in P’s circumstances—

a

since the day on which P was first required to comply with that standard, or to comply with it in that respect, or

b

if the Commissioner has determined the relevant question on a previous application under this section, since the Commissioner determined the relevant question on that application.

4

In this section “relevant question” means the question to which an application under this section relates.