39.—(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.