PART 4

STANDARDS
CHAPTER 7

RIGHT OF CHALLENGE

Postponement of imposition of duty
60
1
This section applies if P makes an application under section 54 for the Commissioner to determine whether or not the requirement for P to comply with a standard, or to comply with it in a particular respect, is unreasonable or disproportionate.
2
The requirement for P to comply with that standard, or to comply with it in that respect, does not apply unless and until—
a
the Commissioner has determined whether or not the requirement is unreasonable or disproportionate, and
b
P’s rights of appeal are exhausted.
3
For that purpose, P’s rights of appeal are exhausted if—
a
the period mentioned in section 58(3) for making an appeal to the Tribunal has ended without an appeal being made, or
b
an appeal under section 58 has been made and determined, and a further appeal—
i
may not be made, or
ii
may be made only with the permission of the Tribunal or a court.