Prospective
(1)The OEGW must review a compliance notice if requested to do so by the public authority on whom the notice was served.
(2)A request under subsection (1) must be made by giving notice to the OEGW.
(3)A request for a review of a compliance notice that is not an urgent compliance notice must be made before the end of 30 days beginning with the day the compliance notice is served.
(4)A request for a review of an urgent compliance notice must be made before the end of 7 days beginning with the day the compliance notice is served.
(5)A review under this section must be conducted—
(a)by the OEGW’s review committee (see paragraph 10 of Schedule 1);
(b)as soon as is reasonably practicable after the notice is given to the OEGW under subsection (2).
(6)Where the grounds for requesting a review include a failure to comply with section 18(2), (4) or (5), or some other defect or error in, or in connection with, a compliance notice, the review committee must disregard any such failure, defect or error if the committee considers it not to be a material one.
(7)On a review under this section, the review committee may—
(a)confirm the compliance notice,
(b)withdraw the compliance notice, or
(c)vary the compliance notice.
(8)The review committee must give notice of its determination on a review to the public authority that requested the review.
(9)The review committee’s determination on a review of a compliance notice is final (and no further requests for a review may be made in relation to the same compliance notice).
(10)A public authority must provide the review committee with such further information as the committee may reasonably require for the purposes of conducting a review under this section.
(11)Subsection (12) applies where a public authority requests a review of a compliance notice under this section.
(12)In working out the date by which the public authority is required to take an action specified in the notice, the time the review committee takes to conduct the review does not count as part of the period specified in the notice as the period within which the authority is required to take the action.
(13)For the purposes of subsection (12) the time the review committee takes to conduct the review begins with the day the public authority requests the review and ends with the day the review committee gives notice under subsection (8).
Commencement Information
I1S. 20 in force at 27.4.2028 (conditional on an earlier day not being appointed by Welsh Ministers), see s. 46(4)(5)(6)(c)