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(1)A notice under section 31 above shall state that within 14 days of service of the notice any person on whom it is served may in writing require the Secretary of State to give him an opportunity to make representations to him concerning any matter which that person wishes to dispute.
(2)Where a notice has been served under section 31 above, the Secretary of State shall not determine any matter in dispute until either—
(a)any person on whom the notice was served has made representations to him concerning the matter; or
(b)the period during which any such person could have required the Secretary of State to give him an opportunity to make representations has elapsed without the Secretary of State being required to give such an opportunity; or
(c)the conditions specified in subsection (3) below are satisfied.
(3)The conditions mentioned in subsection (2) above are—
(a)that a person on whom the notice was served has required the Secretary of State to give him an opportunity to make representations to him concerning the matter;
(b)that the Secretary of State has allowed him a reasonable period to make his representations; and
(c)that he has failed to make them within that period.
(4)The representations may be made, at the option of the person making them, either in writing or orally.
(5)If he informs the Secretary of State that he desires to make oral representations, the Secretary of State shall give him an opportunity of appearing before and of being heard by a person appointed by the Secretary of State.
Modifications etc. (not altering text)
C1S. 32(1)(2)(3)(5): transfer of functions (E.) (1.4.2001) by S.I. 2001/747, regs. 2(1), 3, 4, Sch. 1
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