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Modification of a remediation notice

12.—(1) Before modifying a remediation notice under section 78L(2)(b) in any respect which would be less favourable to the appellant or any other person on whom the notice was served, the appellate authority shall–

(a)notify the appellant and any persons on whom the appellant was required to serve a copy of the notice of appeal of the proposed modification;

(b)permit any persons so notified to make representations in relation to the proposed modification; and

(c)permit the appellant or any other person on whom the remediation notice was served to be heard if any such person so requests.

(2) Where, in accordance with paragraph (1) above, the appellant or any other person is heard, the enforcing authority shall also be entitled to be heard.