57Determining an applicationE+W
This section has no associated Explanatory Notes
(1)This section applies to—
(a)any application under section 54, and
(b)any application under section 55 which the Commissioner does not refuse to accept.
(2)It is for P to show that the requirement for P to comply with the standard, or to comply with it in the particular respect, is unreasonable or disproportionate.
(3)The Commissioner must determine the application as soon as practicable after the application is made.
(4)In determining the application, the Commissioner—
(a)must consult P, and
(b)may consult any other person the Commissioner considers to have an interest in the outcome of the application.
(5)The Commissioner must notify P of the determination of the application.
(6)If the Commissioner determines that the requirement for P to comply with the standard, or to comply with it in the particular respect, is unreasonable or disproportionate, he or she must do one of the following—
(a)revoke the compliance notice;
(b)revoke the compliance notice and give a new compliance notice;
(c)vary the existing compliance notice.
(7)If the Commissioner gives a new compliance notice or varies the existing compliance notice—
(a)section 45(3) does not apply, and
(b)sections 46(3) and 47 do not apply insofar as the Commissioner and P agree the new compliance notice, or the variation of the existing compliance notice.