What is the timeframe for a carrying out the review?

If an individual makes a request for a review within the 14 calendar day time period from the date of the notice, you must carry out a review of your decision to impose a civil penalty.

This obligation is irrespective of whether the individual has submitted any representations or evidence to you. 

Your review must not start before the earlier of:1  

  • the end of the 14th calendar day after the date of the acknowledgment notice 
  • the receipt of any representations or evidence

This means that if you receive any representations or evidence before the end of the 14 day period, you may commence your review then. If not, you must wait until the end of the 14 day period before you can start your review process.

Considering representations and evidence

If any representations or evidence are submitted, you must consider them. 

There may be circumstances where you receive representations or evidence after you have already started the review, or indeed after you have completed it but before the penalty has been paid. In those cases, you should still take the representations and evidence into account and review your grounds for issuing the civil penalty notice in light of these.

In the absence of any representations or evidence, you should check whether there are any grounds for cancelling the civil penalty notice.

 

Diweddarwyd ddiwethaf: 24 Mehefin 2020