SCHEDULES

SCHEDULE 10Penalty charge notices

Review and withdrawal of notice

4

1

Sub-paragraph (2) applies if, within the period specified under paragraph 1(c) (or that period as extended under paragraph 3(2)), the recipient of the penalty charge notice gives notice to the enforcement authority requesting a review.

2

The enforcement authority must—

a

consider any representations made by the recipient and all other circumstances of the case,

b

decide whether to confirm or withdraw the notice, and

c

give notice of its decision to the recipient.

3

A notice under sub-paragraph (2)(c) confirming the penalty charge notice must also state the effect of paragraph 6(1) to (4).

4

The enforcement authority must withdraw the penalty charge notice if it is not satisfied of one (or more) of the following—

a

that the recipient committed the breach of duty specified in the notice,

b

that the notice was given within the time allowed by section 285(2) and complies with the other requirements imposed by virtue of this Schedule, or

c

that, in the circumstances of the case, it was appropriate for a penalty charge notice to be given to the recipient.