PART 6Civil sanctions
Withdrawing and re-issuing a notice42.
(1)
An enforcing authority may, at any time, in writing, withdraw a notice served by the authority under this Part.
(2)
Paragraph (3) applies to a notice served on an offender under this Part but which is subsequently withdrawn by the enforcing authority before the offender files an appeal against the decision specified in the notice.
(3)
The enforcing authority may serve a further notice on the offender for the failure described in the original notice.
(4)
A notice may be withdrawn by an enforcing authority, if the enforcing authority determines that the offence to which the notice relates was not committed or that the notice ought not to have been issued to the person named as the person to whom it was issued.
(5)
Where a notice requiring payment of a sum (such sum being specified in the notice) has been withdrawn—
(a)
no amount is payable in pursuance of that notice; and
(b)
any amount paid in pursuance of that notice must be repaid to the person who paid it.
(6)
In this regulation, “notice” has the meaning given in regulation 41(3).