Paragraph 3 Compliance noticesI1
Northern Ireland
Where the Secretary of State has—
issued a provisional notice under paragraph 2(1); and
the period referred to in paragraph 2(2) has expired,
the Secretary of State may issue a compliance notice to the relevant Union importer.
A compliance notice issued under F1sub-paragraph (1) must inform the relevant Union importer of—
the Secretary of State's position in respect of any written representations made by the Union importer under paragraph 2(2);
the grounds for the compliance notice, which must have been contained in the provisional notice issued under paragraph 2(1);
the requirements of the compliance notice;
the period or periods within which the requirements specified in the compliance notice must be met;
the Union importer's right to F2apply for a review of the compliance notice under sub-paragraph (3); and
the consequences of failing to comply with a compliance notice.
A Union importer which has been issued a compliance notice under F3sub-paragraph (1) may, within 28 days beginning on the day that that compliance notice is served, apply to the Secretary of State for a review of the compliance notice on the following grounds—
the issuing of a compliance notice was based on a material error of fact;
the issuing of a compliance notice is wrong in law; or
the requirements that are specified in the compliance notice are unreasonable.
On an application for a review of the compliance notice under F4sub-paragraph (3), the Secretary of State must decide whether to vary, revoke or uphold the compliance notice.
Annotations
Textual amendments
- F1
Word in Sch. para. 3(2) substituted (8.3.2021) by The Conflict Minerals (Compliance) (Northern Ireland) (EU Exit) (Amendment) Regulations 2021 (S.I. 2021/145), regs. 1(1), 7(a)(iii)(aa)
- F2
Words in Sch. para. 3(2)(e) substituted (8.3.2021) by The Conflict Minerals (Compliance) (Northern Ireland) (EU Exit) (Amendment) Regulations 2021 (S.I. 2021/145), regs. 1(1), 7(b)
- F3
Word in Sch. para. 3(3) substituted (8.3.2021) by The Conflict Minerals (Compliance) (Northern Ireland) (EU Exit) (Amendment) Regulations 2021 (S.I. 2021/145), regs. 1(1), 7(a)(iii)(bb)
- F4
Word in Sch. para. 3(4) substituted (8.3.2021) by The Conflict Minerals (Compliance) (Northern Ireland) (EU Exit) (Amendment) Regulations 2021 (S.I. 2021/145), regs. 1(1), 7(a)(iii)(bb)
Commencement
- I1
Sch. para. 3 in force at 1.1.2021, see reg. 1(1)