Regulation 9 Reviews of decisions

(1)

An applicant or a permit holder may request an internal review of a relevant decision.

(2)

The applicant or the permit holder who requests the internal review must—

(a)

do so before the end of the period of 28 days that begins with the day after the day on which the decision that is to be reviewed was sent to the applicant or the permit holder, and

(b)

when requesting the internal review, state in writing any representations that the applicant or the permit holder wishes to make to the Secretary of State.

(3)

If an applicant or a permit holder requests an internal review, the Secretary of State must—

(a)

confirm receipt of the request, and

(b)

confirm in writing to the applicant or the permit holder the date no later than which the Secretary of State anticipates sending to the applicant or the permit holder the outcome of the internal review,

before the end of the period of 14 days that begins with the day after the day on which the Secretary of State receives the request.

(4)

Subject to regulation 3, a permit holder’s permit remains valid during the review period where—

(a)

a permit holder applies for a new permit,

(b)

the permit holder’s existing permit is still valid, and

(c)

the permit holder has requested an internal review of a relevant decision in relation to the new permit.

(5)

In this regulation—

(a)

a “relevant decision” means the Secretary of State’s decision—

(i)

to refuse to grant a permit,

(ii)

to refuse to renew a permit,

(iii)

to impose a permit condition,

(iv)

to refuse to vary or remove a permit condition,

(v)

to vary a permit condition other than at the permit holder’s request,

(vi)

to withdraw or suspend a permit, or

(vii)

as to the details specified in the permit in accordance with section 82 (4) of the 2024 Act (details that a permit must specify);

(b)

the “review period” means the period that begins on the date of the relevant decision to be reviewed and ends when either of the following criteria is satisfied—

(i)

the applicant or the permit holder has requested an internal review of that decision within the period in paragraph (2)(a) and the outcome of that internal review has been sent to the applicant or the permit holder;

(ii)

the applicant or the permit holder did not request an internal review within the period in paragraph (2)(b) and that period has passed;

(c)

a reference to the permit holder in relation to a suspended or withdrawn permit is a reference to the person who was the permit holder immediately before the suspension or withdrawal took effect.