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Regulation 21 Review procedure

(1)

This regulation applies to the following decisions of the Commissioners—

(a)

a decision under regulation 12 to refuse to register an applicant;

(b)

a decision under regulation 13 to cancel the registration of an operator or high value dealer;

(c)

a decision under regulation 20 to impose a penalty.

(2)

Any person who is the subject of a decision as mentioned in paragraph (1) may by notice in writing to the Commissioners require them to review that decision.

(3)

The Commissioners need not review any decision unless the notice requiring the review is given before the end of the period of 45 days beginning with the date on which written notification of the decision was first given to the person requiring the review.

(4)

A person may give a notice under this regulation to require a decision to be reviewed for a second or subsequent time only if—

(a)

the grounds on which he requires the further review are that the Commissioners did not, on any previous review, have the opportunity to consider certain facts or other matters; and

(b)

he does not, on the further review, require the Commissioners to consider any facts or matters which were considered on a previous review except in so far as they are relevant to any issue to which the facts or matters not previously considered relate.

(5)

Where the Commissioners are required under this regulation to review any decision they must either—

(a)

confirm the decision; or

(b)

withdraw or vary the decision and take such further steps (if any) in consequence of the withdrawal or variation as they consider appropriate.

(6)

Where the Commissioners do not, within 45 days beginning with the date on which the review was required by a person, give notice to that person of their determination of the review, they are to be assumed for the purposes of these Regulations to have confirmed the decision.