OpenLegislation

Paragraph 26 Discharge of an enforcement undertakingF1

(1)

If the appropriate authority is satisfied that an enforcement undertaking has been complied with, it must issue a certificate (a “discharge certificate”) to that effect.

(2)

An enforcement undertaking ceases to have effect on the issue of a discharge certificate.

(3)

The appropriate authority may require the person who has given the undertaking to provide sufficient information to determine that the undertaking has been complied with.

(4)

The person who gave the undertaking may at any time apply for a discharge certificate.

(5)

The appropriate authority must decide whether to issue a discharge certificate, and give written notice of the decision to the applicant (including information as to the right of appeal), within 14 days of such an application.

(6)

The applicant may appeal against a decision not to issue a discharge certificate on the grounds that the decision—

(a)

was based on an error of fact;

(b)

was wrong in law;

(c)

was unfair or unreasonable;

(d)

was wrong for any other reason.

Annotations

Textual amendments

F1

Sch. 4A inserted (29.10.2020) by The Official Controls (Plant Health and Genetically Modified Organisms) (England) (Amendment) (No. 4) Regulations 2020 (S.I. 2020/1089), reg. 1, Sch.