Part 9Miscellaneous and general provisions
CHAPTER 1Miscellaneous
Additional powers
F1258BVariation and revocation of notices given under section 258A
(1)
In this section—
“relevant notice” means a notice given under section 258A;
“relevant operator” has the same meaning as in that section.
(2)
The Secretary of State may—
(a)
vary a relevant notice;
(b)
revoke a relevant notice (whether wholly or in part).
(3)
The Secretary of State may vary a relevant notice only if the Secretary of State considers that—
(a)
the variation is necessary for maintaining the capability of the relevant operator to provide any assistance which the operator may be required to provide in relation to any warrant, authorisation or notice issued or given under this Act, and
(b)
the conduct required by the notice, as varied, is proportionate to what is sought to be achieved by that conduct.
(4)
If the Secretary of State varies or revokes a relevant notice given to any relevant operator, the Secretary of State must give that relevant operator notice in writing of the variation or revocation.
(5)
The fact that a relevant notice has been revoked in relation to a particular relevant operator does not prevent the giving of another relevant notice of the same kind in relation to the same relevant operator.
(6)
Subsections (6) and (7) of section 258A apply in relation to varying or revoking a relevant notice as they apply in relation to giving a relevant notice.
(7)
Any reference in this section or section 258A(8) or (9) to a notice given under section 258A includes a reference to such a notice as varied under this section.