SCHEDULES
F1SCHEDULE 4Penalty notices under section 23B(1)
5
1
If, within the period specified under paragraph 1(c) (or that period as extended under paragraph 3(2)), the recipient of the penalty charge notice gives notice to the enforcement authority requesting a review, the authority shall—
a
consider any representations made by the recipient and all other circumstances of the case;
b
decide whether to confirm or withdraw the notice; and
c
give notice of their decision to the recipient.
2
A notice under sub-paragraph (1)(c) confirming the penalty charge notice must also state the effect of paragraphs 6(1) to (3) and 8(1) and (3).
3
If the authority are not satisfied—
a
that the recipient committed the breach of duty specified in the notice;
b
that the notice was given within the time allowed by section 23B(2) and complies with the other requirements imposed by or under this Schedule; and
c
that in the circumstances of the case it was appropriate for a penalty charge notice to be given to the recipient;
they shall withdraw the penalty charge notice.
Sch. 4 inserted (12.10.2007) by Consumers, Estate Agents and Redress Act 2007 (c. 17), s. 66(2), Sch. 6 para. 4; S.I. 2007/2934, art. 3, Sch.