Paragraph 3

(1)

If representations in writing about a prohibition notice are made by the recipient to the Secretary of State, it shall be the duty of the Secretary of State to consider whether to revoke the notice and—

(a)

if the Secretary of State decides to revoke it, to do so;

(b)

in any other case, to appoint a person to consider those representations, any further representations made (whether in writing or orally) by the recipient about the notice and the statements of any witnesses examined under this Schedule.

(2)

Where the Secretary of State has appointed a person to consider representations about a prohibition notice, it must serve a notification on the recipient which—

(a)

states that the recipient may make oral representations to the appointed person for the purpose of establishing that the matters stated in accordance with paragraph 1(a) are not the case; and

(b)

specifies the place and time at which the oral representations may be made.

(3)

The time specified in a notification served under sub-paragraph (2) must not be before the end of the period of twenty-one days beginning with the day on which the notification is served, unless the recipient otherwise agrees.

(4)

A person on whom a notification has been served under sub-paragraph (2) or that person's representative may, at the place and time specified in the notification—

(a)

make oral representations to the appointed person for the purpose of establishing that the matters stated in accordance with paragraph 1(a) are not the case; and

(b)

call and examine witnesses in connection with the representations.

Notes on Schedule 3

Modifications

C1: Sch. 3 modified (31.12.2020) by The Construction Products (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1359), reg. 1, Sch. 3 para. 30(3)