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The Control of Poisons and Explosives Precursors Regulations 2015

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Internal review of decisions with regard to licences under section 4A of the ActE+W+S

This section has no associated Explanatory Memorandum

4.—(1) This regulation applies if—

(a)the Secretary of State makes a relevant decision, and

(b)within 28 days beginning with the day on which the affected person is notified of the decision, the affected person asks the Secretary of State to reconsider the decision.

(2) The Secretary of State must carry out a review of the decision.

(3) Paragraphs (1) to (8) of regulation 3 apply to a request under this regulation as to an application under that regulation.

(4) On conclusion of the review, the Secretary of State must—

(a)confirm the relevant decision (whether on the same or different grounds),

(b)make whatever changes to the relevant decision the Secretary of State thinks fit, or

(c)revoke the relevant decision.

(5) Subsections (6) to (9) of section 4A of the Act (which make provision about decisions to grant or amend a licence under that section) apply to a decision under paragraph (4) above so far as relating to the grant or amendment of a licence as to a decision under that section.

(6) A “relevant” decision is a decision—

(a)to refuse an application for a licence,

(b)to grant an application for a licence subject to any terms or conditions,

(c)to refuse an application to amend a licence,

(d)to grant an application to amend a licence subject to any terms or conditions, or

(e)to vary, suspend or revoke a licence.

(7) The “affected person” is the applicant or, for a decision within paragraph (6)(e), the licence-holder.

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