PART 6 N.I.Notices

Decision noticesN.I.

Decision notesN.I.

36.—(1) A decision notice must—

(a)be in writing;

(b)give the Authority's reasons for the decision to take the action to which the notice relates;

(c)describe the effect of regulation 41 and state whether any secondary material exists to which the person concerned must be allowed access under it; and

(d)give an indication of—

(i)any right to have the matter referred to the Tribunal which is given by these Regulations; and

(ii)the procedure on such a reference.

(2) The action to which a decision notice relates must be action under the same regulation as the action proposed in the preceding warning notice.

(3) The Authority may, before it takes the action to which a decision notice (“the original notice”) relates, give the person concerned a further decision notice which relates to different action in respect of the same matter.

(4) The Authority may give a further decision notice as a result of paragraph (3) only if the person to whom the original notice was given consents.

(5) If the person to whom a decision notice is given under paragraph (3) had the right to refer the matter, to which the original decision notice related, to the Tribunal, the person has that right as respects the decision notice under paragraph (3).