Section 55 Challenging existing dutiesI1

(1)

This section applies if—

(a)

the Commissioner has given a person (P) a compliance notice, and

(b)

the notice already requires P—

(i)

to comply with a standard, or

(ii)

to comply with a standard in a particular respect.

(2)

P may apply to the Commissioner for the Commissioner to determine whether or not the requirement for P to comply with that standard, or to comply with it in that respect, is unreasonable or disproportionate.

(3)

But the Commissioner may refuse to accept an application under this section if he or she is satisfied that there has been no material change in P's circumstances—

(a)

since the day on which P was first required to comply with that standard, or to comply with it in that respect, or

(b)

if the Commissioner has determined the relevant question on a previous application under this section, since the Commissioner determined the relevant question on that application.

(4)

In this section “relevant question” means the question to which an application under this section relates.

Annotations

Commencement

I1: S. 55 in force at 7.7.2015 by S.I. 2015/1413, art. 3(b)