SCHEDULES

F1SCHEDULE 4Penalty notices under section 23B(1)

Annotations:

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.