PART 7Enforcement

Reviews39

1

If, within the period specified under regulation 36(3)(c) (or that period as extended under regulation 36(5)), the recipient of the penalty charge notice gives notice to the enforcement authority requesting a review, the authority shall—

a

consider any representations made by the recipient and all other circumstances of the case;

b

decide whether to confirm or withdraw the notice; and

c

give notice of their decision to the recipient.

2

A notice confirming the penalty charge notice must also state the effect of regulations 40 and 41.

3

If the authority are not satisfied that—

a

the recipient committed the breach of duty specified in the notice;

b

the notice was given within the time allowed by regulation 36(2) and complies with the other requirements imposed by these Regulations; and

c

in the circumstances of the case it was appropriate for a penalty charge notice to be given to the recipient,

they shall withdraw the penalty charge notice.