Regulation 42 Reviews, waiving and modification of penalties

(1)

L may, within the period specified under regulation 38(2)(h)(ii), serve notice on the enforcement authority requesting a review of its decision to serve a penalty notice.

(2)

Where L gives notice in accordance with paragraph (1), or where the enforcement authority decides to review its decision to serve a penalty notice in any other case, the enforcement authority must—

(a)

consider any representations made by L and all other circumstances of the case,

(b)

confirm or withdraw the penalty notice, and

(c)

serve notice of its decision to L.

(3)

If, on a review under paragraph (2), the enforcement authority—

(a)

ceases to be satisfied that L committed the breach specified in the penalty notice,

(b)

is satisfied that L took all reasonable steps and exercised all due diligence to avoid committing the breach specified in the penalty notice, or

(c)

decides that in the circumstances of the case it was not appropriate for a penalty notice to be served on L,

the enforcement authority must serve a further notice on L withdrawing the penalty notice.

(4)

A notice confirming the penalty notice must state the effect of regulations 43 to 45.

(5)

On a review under paragraph (2), the enforcement authority may—

(a)

waive a penalty,

(b)

allow L additional time to pay any financial penalty,

(c)

substitute a lower financial penalty where one has already been imposed, or

(d)

modify the application of a publication penalty.