PART 4STANDARDS

CHAPTER 7RIGHT OF CHALLENGE

54Challenging future duties

(1)

This section applies if—

(a)

the Commissioner has given a person (P) a compliance notice, and

(b)

the notice requires P—

(i)

to comply with a standard, or

(ii)

to comply with a standard in a particular respect,

as from an imposition day that is in the future.

(2)

P may apply to the Commissioner for the Commissioner to determine whether or not the requirement for P to comply with that standard, or comply with it in that respect, is unreasonable or disproportionate.

(3)

If that determination is being made before the imposition day, the Commissioner must make the determination by reference to the circumstances as they are expected to exist on the imposition day.

(4)

An application under this section must be made before the imposition day.

(5)

In this section “imposition day” has the same meaning as in section 46.