(1)The Commission shall not vary the proposed amount of a penalty as stated in a notice under section 32(1) unless—
(a)the licence holder consents to the variation, or
(b)the Commission complies with the requirements of subsection (2).
(2)The requirements are that the Commission shall—
(a)give notice of the proposed variation, and
(b)consider any representations made in accordance with the notice and not withdrawn.
(3)The notice shall state—
(a)the proposed variation,
(b)the reasons for it, and
(c)the period (not less than 7 days starting with the date of publication of the notice) within which representations may be made in relation to the proposed variation.
(4)If, after giving notice under section 32(1) or subsection (2) of this section, the Commission decides not to impose a penalty, it shall give notice of that decision.
(5)A notice under this section shall be given by—
(a)serving a copy of the notice on the licence holder and the Council, and
(b)publishing the notice in such manner as the Commission considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by them.