Reviews19

1

If, within the period specified under regulation 17(3)(d) the recipient of the penalty charge notice gives notice to the enforcement authority requesting a review, the authority must–

a

consider any representations made by the recipient and all other circumstances of the case;

b

decide whether to confirm or withdraw the notice; and

c

serve notice of its decision and the reasons for it on the recipient.

2

A notice under paragraph (1)(c) confirming the penalty charge notice must also state the effect of regulations 20 (appeal to the sheriff court) and 21 (recovery of penalty charges).

3

If, following a review, the enforcement authority is satisfied that–

a

the recipient did not commit the breach of duty specified in the notice; or

b

the notice was not given within the time allowed by regulation 17(2)(b); or

c

the notice did not comply with any other requirements imposed by these Regulations; or

d

in the circumstances of the case it was not reasonable for a penalty charge notice to be given to the recipient,

it must withdraw the penalty charge notice.