OpenLegislation

Regulation 18 Right of review of noticesI1

England and Wales

(1)

Subject to paragraph (2), a person served with a notice under regulation 14(1) or regulation 15(1) has a right to a review of the notice.

(2)

A request for a review must be made in writing to the person indicated in the notice as soon as reasonably practicable, and in any event —

(i)

for a person on whom the notice was served, within 48 hours from the time of service of the notice.

(ii)

for a person referred to in regulation 15(4), within 48 hours from the time of the contents of the notice coming to that person’s attention or 96 hours from the time of service of the notice, whichever is the sooner.

(3)

The Secretary of State must maintain arrangements for the conduct of a review by an authorised officer unconnected with the original decision to determine whether there were valid grounds for serving the notice.

(4)

The authorised officer conducting the review may cancel the notice or confirm it, with or without modification.

(5)

The authorised officer must—

(a)

complete the review as soon as reasonably practicable and in any event within 48 hours of the request; and

(b)

notify the person who requested it, and, if different, the person on whom the notice was served and any other person in possession of the bananas, of the outcome, as soon as reasonably practicable.

(6)

A notice is not suspended pending a review unless the authorised officer conducting the review decides otherwise.

Annotations

Commencement

I1

Reg. 18 in force at 11.5.2012, see reg. 1(b)