PART 3Compliance

Review and issue of notices

Review and issues of notices15

1

The period within which an application to review a notice may be made under section 43(1)(a) (written application of a person) is 28 days, starting from the day a notice is issued to a person.

2

The period within which a notice may be reviewed under section 43(1)(b) (review by the Regulator) is 18 months, starting from the day a notice is issued to a person.

3

The presumptions in paragraph (4) apply where notices to which section 43 applies are issued (including compliance notices issued under section 51 and penalty notices issued under section 52).

4

For the purposes of this regulation, it is presumed that—

a

where a notice is given a date by the Regulator, it was posted or otherwise sent on that day;

b

if a notice is posted or otherwise sent to a person’s last known or notified address, it was issued on the day on which that notice was posted or otherwise sent, and

c

a notice was received by the person to whom it was addressed.