PART 4

STANDARDS
CHAPTER 7

RIGHT OF CHALLENGE

Challenging existing duties
55
1
This section applies if—
a
the Commissioner has given a person (P) a compliance notice, and
b
the notice already requires P—
i
to comply with a standard, or
ii
to comply with a standard in a particular respect.
2
P may apply to the Commissioner for the Commissioner to determine whether or not the requirement for P to comply with that standard, or to comply with it in that respect, is unreasonable or disproportionate.
3
But the Commissioner may refuse to accept an application under this section if he or she is satisfied that there has been no material change in P's circumstances—
a
since the day on which P was first required to comply with that standard, or to comply with it in that respect, or
b
if the Commissioner has determined the relevant question on a previous application under this section, since the Commissioner determined the relevant question on that application.
4
In this section “relevant question” means the question to which an application under this section relates.
S. 55 in force at 7.7.2015 by S.I. 2015/1413, art. 3(b)