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The Energy Performance of Buildings (Scotland) Regulations 2008
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- 2008 No. 309
- Regulation 19
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19.—(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.
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