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Northern Ireland Troubles (Legacy and Reconciliation) Act 2023

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Objection to penalty decisionU.K.

This section has no associated Explanatory Notes

3(1)The recipient of a penalty notice (the “recipient”) may object to the penalty notice by giving a notice of objection to the ICRIR.

(2)A notice of objection must—

(a)be in writing,

(b)give the reasons for the objection,

(c)be given to the ICRIR in the manner and form specified in the penalty notice, and

(d)be given before the end of the period of 28 days beginning with the date specified in the penalty notice as the date on which it is given.

(3)Where the ICRIR receives a notice of objection, the ICRIR must consider it and—

(a)cancel the penalty,

(b)reduce the penalty,

(c)increase the penalty, or

(d)determine not to alter the penalty.

(4)After deciding how to proceed under sub-paragraph (3), the ICRIR must notify the recipient of the decision in writing.

(5)A notification under sub-paragraph (4) must be given before the end of the period of 70 days beginning with the date specified in the penalty notice as the date on which it is given, or such longer period as the ICRIR may agree with the recipient.

(6)A notification under sub-paragraph (4), other than one notifying the recipient that the ICRIR has decided to cancel the penalty, must—

(a)state the amount of the penalty following the ICRIR’s consideration of the notice of objection,

(b)state the ICRIR’s reasons for the decision under sub-paragraph (3),

(c)specify the date, at least 28 days after the date on which the notification is given, before which the penalty must be paid,

(d)specify how the penalty must be paid,

(e)include an explanation of the recipient’s rights of appeal, and

(f)include an explanation of the steps the ICRIR may take to recover any unpaid penalty.

Commencement Information

I1Sch. 4 para. 3 not in force at Royal Assent, see s. 63(4)

I2Sch. 4 para. 3 in force at 1.5.2024 by S.I. 2024/584, reg. 2(j) (with regs. 3, 4)

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