# The Port Security Regulations 2009, Regulation 27: Objections to enforcement notices


(1) A person on whom an enforcement notice is served, (“the objector”) may require the Secretary of State to consider an objection to that enforcement notice by serving on the Secretary of State a notice in writing within 7 days of the date on which the enforcement notice was served.
(2) The only grounds of objection to an enforcement notice are—
(a) that the steps required by the notice to be taken have been complied with;
(b) that the matters stated in the enforcement notice in accordance with regulation 26(2) do not constitute a failure to comply with a requirement specified in regulation 26(1);
(c) that any requirement of the notice—
(i) is unnecessary for complying with the requirements specified in regulation 26(1) and should be dispensed with; or
(ii) is excessively onerous or inconvenient and should be modified in a manner specified in the notice of objection.
(3) A notice under paragraph (1) must be accompanied by a statement in writing—
(a) specifying the grounds on which the objector is objecting to the enforcement notice; and
(b) providing such further information as may be appropriate.
(4) Where the objector serves a notice under paragraph (1), the Secretary of State must consider the grounds of the objection and, if so required by the objector, must afford to that objector an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose, and must then serve on the objector a notice in writing either—
(a) confirming the enforcement notice as originally served; or
(b) confirming the enforcement notice subject to one or more modifications specified in the notice under this paragraph; or
(c) cancelling the enforcement notice.
(5) An enforcement notice to which an objection has been made under paragraph (1) does not take effect until it has been confirmed, with or without modification, by a notice under paragraph (4).
(6) An enforcement notice served on any person may be—
(a) revoked by a notice, or
(b) varied by a further enforcement notice,
served on that person by a transport security inspector.

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Source: https://www.legislation.gov.uk/uksi/2009/2048/regulation/27 (the official version)
Page: https://openlegislation.uk/port-security-regulations-2009/regulation-27
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

