The Channel Tunnel (Security) Order 1994

Objections to enforcement notices

24.—(1) The person on whom an enforcement notice is served may serve on the Secretary of State a notice in writing of his objection to the enforcement notice, specifying the grounds of the objection.

(2) Any notice of objection under paragraph (1) above must be served—

(a) where the enforcement notice specifies measures falling within article 22(5)(a)

(i) of this Order, before the end of the period of thirty days beginning with the date on which the enforcement notice was served, or

(b) in any other case, before the end of the period of seven days beginning with that date.

(3) The grounds of objection to an enforcement notice are—

(a) that the general requirements of the direction which are specified in the notice for the purposes of article 21(1)(a) of this Order have been complied with,

(b) that the notice purports to impose a requirement which could not have been imposed by a direction given under the provision under which the direction to which the notice relates was given, or

(c) that any requirement of the notice—

(i) is unnecessary for complying with the general requirements specified as mentioned in sub-paragraph (a) above and should be dispensed with, or

(ii) having regard to the terms of those general requirements, is excessively onerous or inconvenient and should be modified in a manner specified in the notice of objection under paragraph (1) above.

(4) Where the person on whom an enforcement notice is served serves a notice under paragraph (1) above objecting to the enforcement notice, the Secretary of State shall consider the grounds of the objection and, if so required by the objector, shall afford to him an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose, and shall then serve on the objector a notice in writing either—

(a) confirming the enforcement notice as originally served, or

(b) confirming it subject to one or more modifications specified in the notice under this paragraph, or

(c) cancelling the enforcement notice.

(5) An enforcement notice to which an objection has been made under paragraph (1) above—

(a) if it contains such a requirement as is mentioned in article 22(3) or (5)(b) of this Order, shall continue to have effect as originally served until it has been cancelled, or it has been confirmed subject to modification by a notice under paragraph (4) above, and

(b) in any other case, shall not take effect until it has been confirmed (with or without modification) by a notice under paragraph (4) above.