PART 5ENFORCEMENT
Civil penalties, review and appeals
F1Nature of review etc43E
1
This regulation applies if the Commissioners are required to undertake a review under regulation 43B or 43D.
2
The nature and extent of the review are to be such as appear appropriate to the Commissioners in the circumstances.
3
For the purpose of paragraph (2), the Commissioners must, in particular, have regard to steps taken before the beginning of the review—
a
by the Commissioners in reaching the decision, and
b
by any person in seeking to resolve disagreement about the decision.
4
The review must take account of any representations made by P at a stage which gives the Commissioners a reasonable opportunity to consider them.
5
The review may conclude that the decision is to be—
a
upheld,
b
varied, or
c
cancelled.
6
The Commissioners must give P notice of the conclusions of the review and their reasoning within—
a
a period of 45 days beginning with the relevant date, or
b
such other period as the Commissioners and P may agree.
7
In paragraph (6) “relevant date” means—
a
the date the Commissioners received P’s notification accepting the offer of a review (in a case falling within regulation 43A), or
b
the date on which the Commissioners decided to undertake the review (in a case falling within regulation 43D).
8
Where the Commissioners are required to undertake a review but do not give notice of the conclusions within the time period specified in paragraph (6), the review is to be treated as having concluded that the decision is upheld.
9
If paragraph (8) applies, the Commissioners must notify P of the conclusion which the review is treated as having reached.