PART IVENFORCEMENT

Review by the Secretary of State20

1

Where a person is aggrieved by a compliance notice or an enforcement notice served by an enforcement authority other than the Secretary of State, that person may apply to the Secretary of State to review such notice.

2

An application under paragraph (1) shall—

a

be in writing;

b

state the grounds on which the application is made; and

c

be sent to the Secretary of State within 21 days from the date of the notice referred to in paragraph (1).

3

The Secretary of State may—

a

hold an inquiry in connection with the notice which is the subject of his review; and

b

appoint an assessor for the purposes of assisting him with his review.

4

The Secretary of State shall, within a reasonable time, inform the aggrieved person and the enforcement authority referred to in paragraph (1) in writing of his decision whether to uphold the notice served by that authority, together with reasons for his decision.

5

Where the Secretary of State does not uphold any notice referred to in paragraph (1), he shall give instructions for the withdrawal of that notice.