PART 4

STANDARDS
CHAPTER 7

RIGHT OF CHALLENGE

Determining an application
57
1
This section applies to—
a
any application under section 54, and
b
any application under section 55 which the Commissioner does not refuse to accept.
2
It is for P to show that the requirement for P to comply with the standard, or to comply with it in the particular respect, is unreasonable or disproportionate.
3
The Commissioner must determine the application as soon as practicable after the application is made.
4
In determining the application, the Commissioner—
a
must consult P, and
b
may consult any other person the Commissioner considers to have an interest in the outcome of the application.
5
The Commissioner must notify P of the determination of the application.
6
If the Commissioner determines that the requirement for P to comply with the standard, or to comply with it in the particular respect, is unreasonable or disproportionate, he or she must do one of the following—
a
revoke the compliance notice;
b
revoke the compliance notice and give a new compliance notice;
c
vary the existing compliance notice.
7
If the Commissioner gives a new compliance notice or varies the existing compliance notice—
a
section 45(3) does not apply, and
b
sections 46(3) and 47 do not apply insofar as the Commissioner and P agree the new compliance notice, or the variation of the existing compliance notice.