Valid from 26/03/2001
27 Enforcement orders: further procedural requirements.U.K.
This section has no associated Explanatory Notes
(1)The Commission shall not make a final order with modifications, or confirm a provisional order with modifications, unless—
(a)the licence holder consents to the modifications and the Commission complies with the requirements of subsection (2), or
(b)the Commission complies with the requirements of subsection (3).
(2)The requirements of this subsection are that the Commission shall—
(a)give notice of the proposed modifications to the Council, and
(b)consider any representations made in accordance with the notice and not withdrawn.
(3)The requirements of this subsection are that the Commission shall—
(a)give notice of the proposed modifications, and
(b)consider any representations made in accordance with the notice and not withdrawn.
(4)A notice under subsection (2) or (3) shall state—
(a)the proposed modifications,
(b)the reasons for them, and
(c)the period (not less than 7 days starting with the date of the giving of the notice under subsection (2) or (as the case may be) the publication of the notice under subsection (3)) within which representations may be made in relation to the proposed modifications.
(5)Before revoking a final order or a provisional order which has been confirmed, the Commission shall—
(a)give notice of the proposed revocation, and
(b)consider any representations made in accordance with the notice and not withdrawn.
(6)The notice shall state—
(a)that the Commission proposes to revoke the order,
(b)the effect of the proposed revocation, and
(c)the period (not less than 21 days starting with the date of publication of the notice) within which representations may be made in relation to the proposed revocation.
(7)As soon as practicable after revoking a final order or a provisional order which has been confirmed, the Commission shall give notice of the revocation.
(8)If, after giving notice under section 26(1) or subsection (3) or (5) of this section, the Commission decides not to make a final order or confirm a provisional order or (as the case may be) revoke the order, it shall give notice of that decision.
(9)If, after giving notice under subsection (2), the Commission decides not to make a final order or confirm a provisional order, it shall give notice of that decision to the licence holder concerned and the Council.
(10)A notice under subsection (2) shall be given by serving a copy of the notice on the Council and a notice under subsection (9) shall be given by serving a copy of the notice on the licence holder and the Council.
(11)Any other notice under this section shall be given by—
(a)serving a copy of the notice on the licence holder and the Council, and
(b)publishing the notice in such manner as the Commission considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by them.