Textual Amendments
F1Sch. 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.
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—U.K.
(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.]