Housing (Scotland) Act 2006

4 (1) If, within the period specified under paragraph 1(c) (or that period as extended under paragraph 3(2)), the recipient of the penalty charge notice gives notice to the enforcement authority requesting a review, the authority must— S

(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) serve notice of their decision on the recipient.

(2) A notice under sub-paragraph (1)(c) confirming the penalty charge notice must also state the effect of paragraphs 5(1) to (4) and 7.

(3) The enforcement authority—

(a) must withdraw the penalty charge notice if satisfied, following a review or at any other time—

(i) that the recipient did not commit the breach of duty specified in the notice, or

(ii) that the notice was not given within the time allowed by section 111(2) or did not comply with the other requirements imposed by or under this schedule,

(b) may otherwise withdraw the penalty charge notice if satisfied, following a review or at any other time, that the recipient is unlikely to commit a further breach of the duty specified in the notice.

Commencement Information

I1 Sch. 3 para. 4 in force at 1.12.2008 by S.S.I. 2008/308, art. 3